Small estate affidavit in South Carolina: who can use it and how

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.

Up to $45,000, 30 days after the death, filed with a court.

Checked against official sources: October 30, 2026.

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

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

Wait more than 30 days after the death.
Check that the probate estate, minus liens, is $45,000 or less and includes no real estate.
Fill in form SCCA 420ES, listing every successor and every asset.
Sign it before a notary.
File it with the probate court of the county where the person lived and pay the fee.
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

What counts toward the limit in South Carolina

For the small estate affidavit, add up the value of the person's probate estate (property passing under the will or by intestacy), wherever located, and subtract liens and encumbrances. The court form requires that there be no real estate in the estate. Leave out property that passes outside probate.

Law: S.C. Code sec. 62-3-1201; form SCCA 420ES

In this state the total is counted after subtracting liens.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: S.C. Code sec. 62-3-1201(a)(1)
Joint or payable-on-death (POD) bank accounts	Left out	Joint accounts with survivorship and payable-on-death accounts go to the surviving owner or beneficiary and are not part of the probate estate. Law: S.C. Code secs. 62-6-201 to 62-6-204
Cars and other vehicles	Counts	A car in the person's name alone is part of the probate estate and counts at its value minus any loan. Vehicles with a transfer-on-death designation or 'OR' co-ownership pass outside probate. Law: S.C. Code secs. 62-3-1201(a)(1), 62-6-401; form SCCA 420ES
Boats and mobile or manufactured homes	Counts	A mobile home, boat, motor or trailer in the person's name counts at its value minus liens. Law: S.C. Code sec. 62-3-1201(a)(1); form SCCA 420ES
Real estate in South Carolina	Has its own procedure	If the probate estate includes any interest in real estate, the court's small estate affidavit form cannot be used. Real estate passes through a probate case, which may use the summary procedure for small estates. Law: Form SCCA 420ES item 6; S.C. Code sec. 62-3-1203
Main home (primary residence)	Has its own procedure	A home in the person's name is real estate, so the small estate affidavit form cannot be used; it passes through a probate case. Law: Form SCCA 420ES item 6; S.C. Code sec. 62-3-1203
Real estate in another state	Not clear	The law counts the probate estate 'wherever located', and the court form requires that the estate include no real property. Ask the probate court how real estate in another state affects the affidavit. Law: S.C. Code sec. 62-3-1201(a)(1); form SCCA 420ES
Unpaid wages owed to the person	Counts	Unpaid wages owed to the person are part of the probate estate. Law: S.C. Code sec. 62-3-1201(a)(1)
Military pay owed to the person	Not clear	Money owed by the U.S. military may be paid to a beneficiary named with the military, outside probate. Ask the probate court how to count it. Law: S.C. Code sec. 62-3-1201(a)(1)
Life insurance or retirement money paid to a named person	Left out	Life insurance and retirement benefits paid to a named beneficiary do not pass by will or intestacy, so they are not part of the probate estate. Law: S.C. Code sec. 62-3-1201(a)(1)
Life insurance or retirement money paid to the estate	Counts	Life insurance payable to the estate counts; the court form lists it as an asset. Law: S.C. Code sec. 62-3-1201(a)(1); form SCCA 420ES
Property in a living trust	Left out	Property in a trust does not pass by will or intestacy, so it is not part of the probate estate. Law: S.C. Code sec. 62-3-1201(a)(1)
Property owned jointly with right of survivorship	Left out	Property held jointly with right of survivorship passes to the surviving owner, not through the probate estate. Law: S.C. Code sec. 62-3-1201(a)(1)
Property going to a surviving spouse	Counts	Probate property that goes to the spouse under the will or by intestacy is part of the probate estate. Property the spouse gets as a joint owner or named beneficiary is not. Law: S.C. Code sec. 62-3-1201(a)(1)
Stocks, bonds and brokerage accounts	Counts	Stocks in the person's name alone count; the court form lists stock as an asset. Securities registered transfer-on-death go to the beneficiary. Law: S.C. Code sec. 62-3-1201(a)(1), (b)
Furniture, jewelry and other belongings	Counts	Furniture, jewelry and other belongings count at their value minus liens. Law: S.C. Code sec. 62-3-1201(a)(1)

Source: Official page

Questions about small estates in South Carolina

How long must I wait to use the affidavit in South Carolina?

More than 30 days must have passed since the death.

What does the affidavit cost in South Carolina?

Am I responsible for debts if I use the affidavit in South Carolina?

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.

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.