South Carolina Small Estate Affidavit
In South Carolina a successor can collect a decedent's personal property by affidavit under S.C. Code Section 62-3-1201 when the probate estate, less liens, is $45,000 or less and 30 days have passed, after the probate judge approves and countersigns it. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a decedent's successor collect personal property without full probate, and South Carolina allows it only for a probate estate of $45,000 or less, a ceiling raised from $25,000 in May 2025. In South Carolina it is used under S.C. Code Section 62-3-1201, but with a step most states do not require: the affidavit must be approved and countersigned by the probate judge of the county of the decedent's domicile, and filed in the probate court, before a bank or other holder must release the property. It is available only when the value of the entire probate estate, wherever located, less liens and encumbrances, does not exceed $45,000. That figure was raised from $25,000 by 2025 Act No. 26, effective May 8, 2025. The affidavit may be used only after 30 days have elapsed since the death, and only when no application or petition for a personal representative is pending or has been granted. The affidavit reaches personal property and instruments, not real estate. DocDraft builds your South Carolina small estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
- 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
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
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
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
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
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
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.
Key decisions before you file
Before you file a Small Estate Affidavit in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
Open the Small Estate Affidavit guideCustomize your Small Estate Affidavit Template with DocDraft
Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in South Carolina in about a minute, and notarize it online through DocDraft if it does.
South Carolina Requirements for Small Estate Affidavit
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.
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.
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.
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.
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.
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.
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).
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.
Does your Small Estate Affidavit need to be notarized in South Carolina?
Whether a Small Estate Affidavit needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Small Estate AffidavitFrequently Asked Questions
It is a sworn statement, called collection of personal property by affidavit under S.C. Code Section 62-3-1201, that lets a decedent's successor collect personal property such as bank accounts, final wages, and securities without full probate. South Carolina adds a step: the probate judge of the county of the decedent's domicile must approve and countersign the affidavit, and it is filed in the probate court, before a holder must release the property. It is available for a probate estate, less liens, of $45,000 or less once 30 days have passed.
Full probate in South Carolina appoints a personal representative who administers the estate under the probate court and files an accounting. The Section 62-3-1201 affidavit skips that appointment: once the probate judge approves and countersigns the affidavit, the successor collects the personal property directly. It is available only when the entire probate estate, less liens and encumbrances, is $45,000 or less, 30 days have passed, and no personal representative is pending or has been granted.
Under S.C. Code Section 62-3-1201, the value of the entire probate estate, wherever located, less liens and encumbrances, must not exceed $45,000. The probate estate is the property passing under the will plus the property passing by intestacy. Because the value is measured net of liens and encumbrances, a debt against an asset reduces the amount counted. The $45,000 figure was raised from $25,000 by 2025 Act No. 26, effective May 8, 2025.
At least 30 days must have elapsed since the death of the decedent before the affidavit may be used (S.C. Code Section 62-3-1201). The statute opens by saying that 30 days after the death, a person holding the decedent's personal property must release it to the successor on presentation of a proper affidavit. The affidavit itself states that 30 days have elapsed, so the waiting period is a firm requirement in South Carolina.
No. S.C. Code Section 62-3-1201 reaches tangible personal property and instruments evidencing a debt, obligation, stock, or chose in action belonging to the decedent. It does not transfer South Carolina real estate. A transfer agent must change the registered ownership of a security on presentation of the affidavit, but real property must pass through regular probate or another procedure, not the small estate affidavit.
Yes. Unlike states where the affidavit is handed straight to a bank, S.C. Code Section 62-3-1201 requires the affidavit to be approved and countersigned by the probate judge of the county of the decedent's domicile, and only on the judge's satisfaction that the successor is entitled to the property. The affidavit must also be filed in the probate court for that county. Only after that approval must a holder release the property.
The affiant is the successor of the decedent, meaning the person entitled to the property under the will or by intestacy. For this section, a successor also includes a person who remitted payment for reasonable funeral expenses (S.C. Code Section 62-3-1201). The affidavit states that the claiming successor is entitled to payment or delivery of the property, and the probate judge must be satisfied of that entitlement before countersigning.
The affidavit is a sworn statement filed in the probate court and countersigned by the judge, so false statements carry legal consequences. If the probate estate exceeds $45,000 net of liens, or a personal representative is later appointed, the affidavit is not the right tool. Because South Carolina requires judicial approval and an accurate valuation, a South Carolina small estate affidavit should not be signed if the value or the successors are uncertain.