Small estate affidavit in South Carolina (2026)
In South Carolina, heirs can collect up to $45,000 without probate with a sworn affidavit (Collection of personal property by affidavit (S.C. Code § 62-3-1201; Form SCCA 420ES)). You must wait 30 days after the death. Real estate: not covered. Last checked .
South Carolina at a glance
- Affidavit cap
- $45,000
- Applies to
- affidavits on or after 2025-05-08 (2025 Act No. 26 took effect on approval; no date-of-death rule stated)
- Value counted
- Net value (after liens and encumbrances)
- Waiting period
- 30 days
- If there is a will
- Can still be used
- File with a court
- Yes
- Real estate
- Not covered
- Court shortcut
- Small estates summary administrative procedure (S.C. Code § 62-3-1203, closing § 62-3-1204) (up to $45,000)
Can you use it?
Enter the date of death and the value. Nothing you type leaves your browser.
Enter the date of death and the value
- In South Carolina the affidavit (or a related form) must be filed with the court in some or all cases — see the rules.
South Carolina cap for this date of death
$45,000
A worked example for South Carolina
Say a parent who lived in South Carolina died on March 1, 2026, leaving $36,000 in a bank account in their name only and no house. $36,000 is within the $45,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.
The rules in South Carolina
- The affidavit. The successor's affidavit must be approved and countersigned by the county probate judge and filed in probate court; it is then presented to banks and others holding personal property, who must pay or deliver it.
- Cap. The probate estate, less liens and encumbrances, must not exceed $45,000, and (per the official form) must not include any real property.
- What counts. The entire probate estate wherever located (property passing by will plus by intestacy), less liens and encumbrances. The official affidavit form (SCCA 420ES, rev. 03/2026) requires the affiant to state that the probate estate does not include any interest in real property, so an estate with probate real estate cannot use the affidavit.
- What doesn't count. Non-probate property (joint with survivorship, POD/TOD, beneficiary-designated assets).
- Earlier caps. $25,000: 2014-01-01 to 2025-05-07
- Waiting period. Thirty days must have passed since the death.
- Conditions. No application or petition to appoint a personal representative may be pending or granted anywhere. The judge must be satisfied the successor is entitled to the property.
- Who can sign. A person claiming to be the successor, or someone on the successor's behalf; a person who paid reasonable funeral expenses counts as a claiming successor, and the official form requires attaching proof of payment.
- Court filing. The affidavit must be approved and countersigned by the probate judge and filed in the probate court of the county of domicile (or where the property is, for a nonresident).
- Fee. Probate court fees are set by estate value in S.C. Code § 8-21-770 (for example $67.50 for $20,000 to under $60,000); confirm with the county probate court
Houses, land and vehicles
- Real estate. The affidavit collects personal property only, and the official form (SCCA 420ES, rev. 03/2026) requires stating that the probate estate includes no interest in real property. An estate with probate real estate needs a personal representative; small estates can then use summary administration under 62-3-1203.
- Vehicles. SCDMV: a small estate affidavit only lets the vehicle be titled to the person named by the court, who cannot sign it over to someone else; heirs otherwise follow probate court direction.
When the affidavit isn't enough
After a personal representative is appointed and an inventory is filed, if the probate estate less liens is no more than $45,000 plus exempt property, administration costs, funeral and last-illness expenses (or the personal representatives are the sole heirs/devisees), the PR publishes notice to creditors, distributes, and closes by sworn statement.
Good to know in South Carolina
- The surviving spouse's exempt property (household goods, cars, personal effects) also rose to $45,000 under 2025 Act No. 26 (§ 62-2-401).
- A holder who gets a valid affidavit containing the statutory reliance sentence must deliver the property; recipients stay answerable to a later personal representative (§ 62-3-1202).
Official help and forms
Sources
- S.C. Code Title 62 Article 3 (§§ 62-3-1201 to 62-3-1204) (read October 23, 2026)
- 2025 Act No. 26 (H.3472), raising small estate limits to $45,000 (read October 23, 2026)
- S.C. Code § 8-21-770 probate fees (read October 23, 2026)
- SCDMV, Inheriting a Vehicle (read October 23, 2026)
- Form SCCA 420ES (Greenville County Probate Court copy) (read October 23, 2026)
Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.
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