Letter to a bank or other holder in South Carolina

A letter that presents the small estate affidavit you have already signed. It says what you enclose and asks the holder to release the property.

Required when you mail the letter.

It goes into the letter only. It is never saved or sent to us.

Papers you are enclosing

Check what you will include. Only checked items go in the letter.

It goes into the letter as you type it. You can add a ready-made sentence:

Other formats

Do not send original documents unless the holder asks; keep copies. Sign the letter and keep a copy.

Official forms (linked, not reproduced here)

This site does not write the affidavit. Use the official form or the holder's own form:

Before you send it

Some banks have their own form or ask for a notary. Call the bank's estates department first and ask what it needs. Keep a copy of everything you send.

Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (form SCCA 420ES)

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.

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

Source: Official page

Bank accounts after a death in South Carolina

Money in a joint account with survivorship or a payable-on-death (POD) account goes to the surviving owner or beneficiary without probate. For an account in the person's name alone, the successor can file the small estate affidavit with the probate court after 30 days if the probate estate, minus liens, is $45,000 or less and has no real estate; the bank pays on the judge's order.

Law: S.C. Code secs. 62-6-201 to 62-6-204, 62-3-1201, 62-3-1202

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in South Carolina

Bank account (POD)

Yes

Law: S.C. Code secs. 62-6-201 to 62-6-204, 62-6-303

Source: Official page

Death certificates in South Carolina

Only an immediate family member may order a death certificate, with a valid photo ID. By mail, the $12 search fee includes one certified copy, and additional copies ordered at the same time are $3 each; pay by money order or cashier's check. In person and online, the search fee is $17 (it includes a $5 expedite fee), and online vendors add their own fee.

Where to get it
South Carolina Department of Public Health (DPH), Office of Vital Records (West Columbia)
Official page
Official page

Surviving spouse in South Carolina

A surviving spouse of a person who lived in South Carolina is entitled to exempt property worth up to $45,000 (above any liens) in household furniture, cars, furnishings, appliances and personal effects; if there is no spouse, minor or dependent children share it. The amount was $25,000 before May 8, 2025. If there is no will and no children or other descendants, the spouse inherits everything.

Law: S.C. Code 62-2-401; S.C. Code 62-2-102

Who inherits with no will in South Carolina

If there is no will, the surviving spouse gets everything if there are no children or other descendants, and one-half if there are. The rest goes to the descendants. With no spouse or descendants, the estate goes to the parents, then brothers and sisters and their descendants, then grandparents and their descendants, then great-grandparents and their descendants.

Law: S.C. Code secs. 62-2-102, 62-2-103

Source: Official page

Good to know in South Carolina

  • In South Carolina the small estate affidavit is not handed straight to the bank: it must be filed with the probate court and approved and countersigned by the probate judge.
  • Since May 8, 2025, the small estate limit is $45,000, up from $25,000, and exempt property for a spouse is $45,000 (2025 Act No. 26).
  • A person who paid reasonable funeral expenses counts as a 'successor' who can use the small estate affidavit.

Changes in 2024–2026

2025 Act No. 26 (H. 3472), effective May 8, 2025: small estate affidavit limit and summary administration amount raised from $25,000 to $45,000 (secs. 62-3-1201, 62-3-1203, 62-3-1204); exempt property raised from $25,000 to $45,000. 2024 Act No. 200, sec. 22, effective July 1, 2025: transfer-on-death designations for DMV- and DNR-titled personal property. Court form SCCA 420ES revised 03/2026.

Law: sec. 62-2-401; sec. 62-6-401

Related pages

Free help in South Carolina

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.