South Carolina Small Estate Affidavit
South Carolina calls the familiar small-estate affidavit path collection of personal property by affidavit. It can fit some personal-property estates after 30 days, but the Probate Court still reviews the affidavit.
Based on S.C. Code Section 62-3-1201
What Is a South Carolina Small Estate Affidavit?
A South Carolina small estate affidavit is the collection-by-affidavit path under Section 62-3-1201. A successor uses the affidavit to ask for payment or delivery of qualifying personal property when the probate estate fits the statutory limit and no personal representative appointment is pending or granted.
Main Requirements
Personal Property Path
The affidavit path covers qualifying personal property and related instruments. It does not transfer real estate by itself.
$45,000 Probate-Estate Limit
The entire probate estate, wherever located, must not exceed $45,000 after liens and encumbrances.
30-Day Wait
At least 30 days must pass after death before the affidavit may be presented to collect property.
No Pending or Granted Appointment
No application or petition for appointment of a personal representative may be pending or granted in any jurisdiction.
Successor Entitlement
The claiming successor, including a person who paid reasonable funeral expenses when the statute fits, must be entitled to payment or delivery of the property.
Probate Judge Approval
The affidavit must be approved and countersigned by the Probate Judge for the proper county and filed with that Probate Court.
Available Small-Estate Options
Collection by Affidavit
- Limit
- $45,000 or less in the entire probate estate after liens and encumbrances
- Real Estate
- Not allowed
- Timeline
- After 30 days, then Probate Court and asset-holder timing
- Typical Fee
- County-specific
Summary Administration
- Limit
- $45,000 small-estate administration path after inventory review, plus statutory expense rules
- Real Estate
- Allowed
- Timeline
- After appointment, notice, inventory, distribution, and closing statement steps
- Typical Fee
- County-specific
Step-by-Step Process
Wait 30 Days After Death
Section 62-3-1201 starts the affidavit path 30 days after death. Do not present the affidavit to an asset holder before the waiting period fits.
Build the Probate-Property List
List probate personal property, debts secured by that property, liens, encumbrances, and any property that passes by beneficiary form, survivorship title, trust, or another nonprobate path.
Check the $45,000 Limit
Confirm that the entire probate estate, wherever located, does not exceed $45,000 after liens and encumbrances. Do not count only the single account or item you want to collect.
Check for a Personal Representative Filing
The affidavit must state that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction.
Prepare Form 420ES
Use the current South Carolina Judicial Branch 420ES form. The form asks for domicile, successor information, estate property, liens, verification, and the Probate Court order for payment or delivery.
File with the Probate Court
File in the county tied to the decedent's domicile. If the decedent was not domiciled in South Carolina, use the county where the property is located.
Use the Approved Affidavit with Asset Holders
After the Probate Judge approves and countersigns the affidavit, use the approved record with the bank, transfer agent, title holder, or other holder named in the filing.
FAQ: South Carolina Small Estate Affidavit
Does South Carolina have a small estate affidavit?
Yes. South Carolina uses collection of personal property by affidavit under Section 62-3-1201. Families often call it a small estate affidavit, and the Judicial Branch form is 420ES.
What is the South Carolina small estate limit?
The current limit is $45,000 for the entire probate estate after liens and encumbrances. The 2025 amendment raised the amount to $45,000 effective May 8, 2025.
How long do I have to wait before using Form 420ES?
At least 30 days must pass after death before the affidavit may be presented to collect personal property.
Can a South Carolina small estate affidavit transfer real estate?
No. Section 62-3-1201 is a personal-property collection path. Real estate needs separate deed, title, probate, or court review.
Does the affidavit need Probate Court approval?
Yes. Section 62-3-1201 requires approval and countersignature by the Probate Judge for the proper county, and the affidavit must be filed in that Probate Court.
How is summary administration different?
Summary administration under Section 62-3-1203 is a separate small-estate administration path after appointment and inventory review. Do not treat it as the same filing as Form 420ES.
At a Glance
- Threshold
- $45,000
- Waiting Period
- 30 days after death
- Court Filing Fee
- County-specific; verify before filing
- Attorney Required
- No statewide attorney requirement; legal help may be needed for disputes, debts, or title questions
- Real Estate
- Not allowed
The threshold applies to the entire probate estate, wherever located, after liens and encumbrances. The 2025 amendment changed the statutory amount from $25,000 to $45,000.
The Section 62-3-1201 affidavit path is for money, tangible personal property, instruments showing debt or obligation, stock, and choses in action. It does not transfer real property by itself.
County Note: South Carolina Probate Courts review the affidavit in the county of the decedent's domicile, or the county where property is located if the decedent was not domiciled in South Carolina. Confirm local copy, payment, and appointment rules before signing.
Sources and Verification
Title 62, Article 3, South Carolina Probate Code
South Carolina Legislature. Current official code text, accessed June 4, 2026.
Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings, 420ES
South Carolina Judicial Branch. Court forms listing, accessed June 4, 2026.
SCCA 420ES, Affidavit for Collection of Personal Property
South Carolina Judicial Branch. Revised March 2026; accessed June 4, 2026.
Probate Court
South Carolina Judicial Branch. Current court overview, accessed June 4, 2026.
Need Help Figuring Out Which Probate Process Applies?
Use the general probate assessment to organize estate size, assets, and documents before checking local South Carolina Probate Court instructions.
Information current as of May 31, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in South Carolina can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.