How to Avoid Probate in South Carolina

Non-probate transfers available in South Carolina: (1) No transfer-on-death deed for real estate; joint ownership with survivorship can pass real estate outside probate. (2) Single- and multiple-party bank accounts, including P.O.D. accounts, using the statutory account form (S.C. Code § 62-6-101 et seq., esp. § 62-6-104). (3) Transfer on death (TOD) designations on vehicles, mobile homes, watercraft and outboard motors titled by SCDMV or DNR (S.C. Code § 62-6-401). (4) Transfer-on-death registration of securities (Uniform Transfer on Death Security Registration Act, S.C. Code § 35-6-10 et seq.). (5) Small estate affidavit for probate estates of $45,000 or less, approved by the probate judge (S.C. Code § 62-3-1201). (6) Revocable living trust (South Carolina Trust Code).

If the whole probate estate, less liens and encumbrances, is $45,000 or less, a person entitled to the property may collect personal property (money owed, bank funds, stock, tangible items) with a sworn affidavit once 30 days have passed since the death and no personal representative application is pending. The affidavit must be approved by the probate judge and filed with the probate court. Real estate counts toward the limit but cannot be transferred by this affidavit.

South Carolina law does not provide a transfer-on-death or beneficiary deed for real estate. Transfer-on-death designations are allowed for titled personal property such as vehicles, mobile homes and watercraft, and payable-on-death designations for bank accounts.