What to gather for a small estate in South Carolina

A sworn statement you file with the probate court. If the judge approves and countersigns it, the court issues an order telling banks and others to pay or deliver the person's personal property to the people named.

Limit

Up to $45,000 Counted after subtracting liens (what is owed on the property).

The probate estate, minus liens, cannot be worth more than $45,000. This limit took effect May 8, 2025; before that it was $25,000.

What counts

The value of the entire probate estate (property passing under the will plus property passing by intestacy), wherever located, minus liens and encumbrances. The court form also requires that the estate include no interest in real property. Property that passes outside probate (joint, payable-on-death, beneficiary, transfer-on-death and trust property) is not counted.

Waiting period

More than 30 days must have passed since the death.

Who can use it

A person claiming to be the successor: an heir or devisee, or a person who paid reasonable funeral expenses (proof of payment attached). The affidavit lists every successor with address, year of birth, relationship and share. No personal representative may have been appointed or applied for in any state.

Court or where to file

Probate court of the county where the person lived at death. If the person did not live in South Carolina, the county where the property is.

Notary

The affidavit is sworn before a notary public.

Papers to attach

• Certified copy of the death certificate
• List of each asset (bank accounts, stock, unclaimed property, vehicles, mobile home, boat, life insurance payable to the estate, other) with its value
• Proof of any liens on the assets
• Proof of payment of funeral expenses, if a funeral payer is claiming

Steps

1. Wait more than 30 days after the death.
2. Check that the probate estate, minus liens, is $45,000 or less and includes no real estate.
3. Fill in form SCCA 420ES, listing every successor and every asset.
4. Sign it before a notary.
5. File it with the probate court of the county where the person lived and pay the fee.
6. If the judge approves, the judge signs the Order for Payment or Delivery; give certified copies to each holder.

Fee

The fee for filing the small estate affidavit is set by S.C. Code 8-21-770(C)(12), based on the property value shown: $25 under $5,000 (half that if under $100); $45 from $5,000 to under $20,000; $67.50 from $20,000 to under $60,000. Certified copies of the order are $5 each (8-21-770(C)(1)).

Debts and responsibility

A person who receives payment or delivery must answer for the property to any personal representative appointed later and to anyone with a better right to it.

What the bank or holder must do

A holder who pays or delivers on the affidavit is released as if it dealt with a personal representative and does not have to check whether the statements are true. A person given a valid affidavit containing the statement 'No person who may act in reliance on this affidavit shall incur any liability to the estate of the decedent', who has no written notice that it was revoked, must not refuse to deliver the property. A transfer agent must re-register securities.

Forms

• SCCA 420ES Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (Revised 03/2026)

Law: S.C. Code secs. 62-3-1201, 62-3-1202; S.C. Code secs. 8-21-770

Source: Official page