South Carolina Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a sworn statement that lets a decedent's successor collect the decedent's personal property without full probate; South Carolina calls it collection of personal property by affidavit under S.C. Code Section 62-3-1201.

2. 2

   It is available only when the value of the entire probate estate, wherever located, less liens and encumbrances, does not exceed $45,000 (S.C. Code Section 62-3-1201).

3. 3

   That $45,000 figure was raised from $25,000 by 2025 Act No. 26, effective May 8, 2025, so deaths before and after that date may be tested against different limits.

4. 4

   The affidavit may be used only after 30 days have elapsed since the death of the decedent (S.C. Code Section 62-3-1201).

5. 5

   The affidavit must be approved and countersigned by the probate judge of the county of the decedent's domicile, on the judge's satisfaction that the successor is entitled to the property, and filed in the probate court (S.C. Code Section 62-3-1201).

6. 6

   It may be used only when no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction (S.C. Code Section 62-3-1201).

7. 7

   The affidavit reaches tangible personal property and instruments evidencing a debt, obligation, stock, or chose in action; it does not transfer South Carolina real estate.

South Carolina Requirements for Small Estate Affidavit

• 30-Day Waiting Period

  In South Carolina a small estate affidavit may not be used until at least 30 days have elapsed since the death of the decedent (South Carolina Code Section 62-3-1201). The affidavit states that this 30-day period has passed.

• $45,000 Probate Estate Limit

  The affidavit is available only when the value of the entire probate estate, wherever located, less liens and encumbrances, does not exceed $45,000 (South Carolina Code Section 62-3-1201). This figure was raised from $25,000 by 2025 Act No. 26, effective May 8, 2025.

• Approved and Countersigned by the Judge

  The affidavit must be approved and countersigned by the probate judge of the county of the decedent's domicile, on the judge's satisfaction that the successor is entitled to the property, and filed in the probate court (South Carolina Code Section 62-3-1201). Only then must a holder release the property.

• No Personal Representative Pending

  The affidavit may be used only when no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction (South Carolina Code Section 62-3-1201). If probate has been opened, the affidavit is not available.

• Personal Property Only

  Section 62-3-1201 reaches tangible personal property and instruments evidencing a debt, obligation, stock, or chose in action; it does not transfer South Carolina real estate. A transfer agent must re-register a security on presentation of the affidavit.

• Who May Be the Affiant

  The affiant is the successor of the decedent, entitled under the will or by intestacy; for this section a successor also includes a person who remitted payment for reasonable funeral expenses (South Carolina Code Section 62-3-1201). The affidavit states that the successor is entitled to the property.

• Filed in the Probate Court

  The affidavit is filed in the probate court for the county of the decedent's domicile at the time of death, or, if the decedent was not domiciled in South Carolina, in the county where the property is located (South Carolina Code Section 62-3-1201).

• Sworn Statement of Entitlement

  The affidavit is a sworn statement, filed in the probate court and countersigned by the judge, that the value is within the limit, that 30 days have passed, that no personal representative is pending, and that the successor is entitled to the property. Do not sign if the value or the successors are uncertain.