Small Estate Affidavit in South Carolina
How to collect a loved one's property in South Carolina without full probate: the dollar limit, waiting period and official form.
Short answer: 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… S.C. Code § 62-3-1201
| Small estate affidavit | 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. The limit rose from $25,000 to $45,000 under 2025 Act No. 26, effective May 8, 2025. Source: S.C. Code § 62-3-1201 |
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| Simplified probate | If the inventory shows the probate estate, less liens and encumbrances, is not more than $45,000 plus exempt property, allowances and certain costs, the personal representative may publish notice to creditors and then distribute directly without the full process. The same summary procedure is available when the appointed personal representative is the only heir or devisee. The estate is then closed by a sworn closing statement filed after the inventory and court fees. Threshold raised from $25,000 to $45,000 by 2025 Act No. 26, effective May 8, 2025. |
| Deadline for creditor claims | After notice to creditors is first published, creditors have eight months from the first publication to present claims. A creditor given written notice must present the claim by the earlier of one year after death or 60 days after the notice was delivered. Claims arising before death are barred in any case if not presented within one year after death. Source: S.C. Code §§ 62-3-801, 62-3-803 |
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FAQ
What is the small estate limit in South Carolina?
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.
Is there a simplified probate process in South Carolina?
If the inventory shows the probate estate, less liens and encumbrances, is not more than $45,000 plus exempt property, allowances and certain costs, the personal representative may publish notice to creditors and then distribute directly without the full process. The same summary procedure is available when the appointed personal representative is the only heir or devisee. The estate is then closed by a sworn closing statement filed after the inventory and court fees.
How long do creditors have to file claims against an estate in South Carolina?
After notice to creditors is first published, creditors have eight months from the first publication to present claims. A creditor given written notice must present the claim by the earlier of one year after death or 60 days after the notice was delivered. Claims arising before death are barred in any case if not presented within one year after death.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.