South Carolina Small Estate Affidavit: $45,000 Limit, Wait and Form

South Carolina lets a successor collect a small estate's personal property with an Affidavit for Collection of Personal Property under S.C. Code 62-3-1201 when the entire probate estate, less liens and encumbrances, is worth no more than $45,000. The affidavit can be used 30 days after the death.

It is not a court-free shortcut. The probate judge of the county where the person lived must approve and countersign the affidavit, and it is filed with that probate court on the official form, SCCA 420ES. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Carolina's affidavit for collection of personal property (S.C. Code 62-3-1201 and 62-3-1202), the small estate summary administrative procedure (S.C. Code 62-3-1203 and 62-3-1204), the probate filing fees in S.C. Code 8-21-770, and the SCDMV's rules for inheriting a vehicle. It does not cover full probate administration, who inherits under South Carolina intestacy law, estate tax, or the law of any other state.

South Carolina's small estate options at a glance

South Carolina has two small estate procedures, and both run through the probate court. The difference is whether a personal representative is appointed.

How much can the estate be worth?

The affidavit is available when "the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), wherever located, less liens and encumbrances" does not exceed $45,000. Two features of that test matter.

• It is a net test. Liens and encumbrances, such as a car loan secured by the car, come off the value.
• It counts the probate estate wherever located. Property in another state counts as well as property in South Carolina.

The statute counts only property that passes under the will or by intestacy. Accounts with a surviving joint owner, a payable-on-death beneficiary or a transfer-on-death beneficiary generally pass outside a will, but our research did not find a South Carolina source that says in so many words whether they are left out of the $45,000. Confirm with the probate court before you leave them off the affidavit.

The 2025 increase

2025 Act No. 26 (H.3472) substituted "forty-five thousand dollars" for "twenty-five thousand dollars" in the affidavit and summary procedure sections, and it also raised the exempt property allowance in S.C. Code 62-2-401 to $45,000. The Governor signed it on May 8, 2025, and the Code notes give that as its effective date. The current official form, SCCA 420ES revised 03/2026, states that the estate "does not exceed Forty-Five Thousand Dollars ($45,000.00)." The old $25,000 figure still appears on many websites. If the death happened before May 8, 2025, ask the probate court which figure it applies.

How long you must wait

Section 62-3-1201 opens with the timing: "Thirty days after the death of a decedent," a successor may collect property with the affidavit. Before then, the affidavit cannot be used.

Who can sign the affidavit

The person signing must be the decedent's successor. South Carolina's Probate Code defines successors as "those persons, other than creditors, who are entitled to property of a decedent under his will or this Code." For the affidavit, the definition is widened to include a person who paid reasonable funeral expenses. The form asks that person to attach proof of payment.

What the affidavit must say

The affidavit, and the official form built on it, has the successor swear to several things:

• The value limit. The entire probate estate, less liens and encumbrances, does not exceed $45,000.
• No real property. The form states that the estate "does not include any interest in real property."
• No other administration. The affidavit must "state that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction."
• Entitlement. The signer is the successor entitled to the property.

The statute also expects the affidavit to carry a reliance clause: "No person who may act in reliance on this affidavit shall incur any liability to the estate of the decedent." By signing the form, the affiant "hereby submits to the court's jurisdiction in this matter."

How to file, step by step

1. Wait 30 days after the death.
2. Get Form SCCA 420ES. The South Carolina Judicial Branch publishes the Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (revised 03/2026). Other probate forms are on the Judicial Branch's probate court forms page.
3. List the assets and their values. The form has lines for estate assets, including a motor vehicle and unclaimed property.
4. Sign before a notary. If you are claiming as the person who paid the funeral, attach proof of payment.
5. File with the probate court in the county where the person was domiciled at death. If the person did not live in South Carolina, the statute points to the probate court of the county where the property is located.
6. Get the judge's approval. The affidavit must "be approved and countersigned by the probate judge of the county of the decedent's domicile at the time of his death," and the judge must be satisfied that you are entitled. The form includes an Order for Payment or Delivery.
7. Present it to whoever holds the property, such as a bank, an employer or a transfer agent.

Filing fee

Section 8-21-770(C)(12) sets the fee for "filing affidavit for collection of personal property under Section 62-3-1201" using the estate fee schedule in item (B), based on the property valuation shown.

What the affidavit can and cannot collect

Money and personal property

On presentation of the approved affidavit, the person holding the property must make "payment of the indebtedness or deliver the tangible personal property or the instrument evidencing the debt, obligation, stock, or chose in action" to the successor. Under subsection (b), a transfer agent must also register a transfer of stock or other securities.

A house or land

The affidavit is for personal property. The official form has the successor state that the estate "does not include any interest in real property," so it does not reach a house or land. An estate with real property needs a personal representative; see South Carolina probate for how that works, and South Carolina property records for finding a deed.

Cars and other vehicles

The SCDMV's rules make the affidavit a narrow tool for vehicles. Its page on inheriting a vehicle says "a Small Estate Affidavit would be issued by the Probate Court. The Affidavit only allows the vehicle to be titled in the name of the person appointed by the Probate Court." According to the SCDMV, the affidavit does not allow a person to sign the vehicle's title over to someone else; the vehicle is titled in the name of the person the probate court names. Because that wording leaves room for doubt, ask SCDMV how a successor named in an approved 420ES affidavit retitles the vehicle before you go to the office.

Other SCDMV routes do not depend on the affidavit:

• Transfer on death. A vehicle with a transfer-on-death beneficiary transfers with Form 400 and Form TOD-1, with a $15 title fee.
• Joint owners. If the title lists the owners with "or," the surviving co-owner can retitle alone. If it uses "and," the SCDMV requires direction from the probate court.

Unclaimed property

The official form lists unclaimed property among the estate assets, with a line for the amount, so money held by the State Treasurer belongs in the $45,000 total. Our research did not confirm the Treasurer's own claim requirements for a deceased owner. See South Carolina unclaimed property to search and for how claims work.

Final wages

Our research did not verify a South Carolina statute that lets family members collect a deceased worker's final paycheck outside the affidavit. A final paycheck owed to the person can be listed as an estate asset and collected with the approved affidavit like any other debt owed to the estate.

Liability if something goes wrong

Section 62-3-1202 protects whoever hands over property. A person who pays or delivers under the affidavit "is discharged and released to the same extent as if he dealt with a personal representative of the decedent," and does not have to check whether the affidavit is true.

The successor who receives the property carries the risk. Under the same section, the successor "is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right." The statute sets no time limit on that liability.

The affidavit is sworn before a notary. South Carolina's perjury statute, S.C. Code 16-9-10(A)(2), makes it a misdemeanor to wilfully give false, misleading or incomplete information on a form required by state law, punishable by up to six months in prison or a fine of at least $100, or both. Check every statement before you sign.

The summary administrative procedure (62-3-1203)

When a court appoints a personal representative, South Carolina offers a faster close for small estates. It is available when the probate estate, less liens and encumbrances, "does not exceed forty-five thousand dollars and exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness." Exempt property can itself be worth up to $45,000: under S.C. Code 62-2-401, a surviving spouse (or, if none, minor or dependent children) is entitled to up to $45,000 in household furniture, automobiles, furnishings, appliances and personal effects, above any security interests. Under subsection (b), it is also available at any value when the appointed personal representatives are the only heirs or devisees.

The personal representative publishes notice to creditors under Section 62-3-801. After that, "but without giving additional notice to creditors," the personal representative "may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement."

Section 62-3-1204 governs the close. The personal representative files a sworn closing statement with the court after filing the inventory and paying court fees, and sends a copy to the distributees and to known unpaid creditors. "If no unresolved claims, actions or proceedings involving the personal representative are pending in any court one year after the date of the decedent's death, the appointment of the personal representative terminates." The estate fee for an estate valued at $20,000 but less than $60,000 is $67.50.

When you need full probate

The affidavit works only when every condition is met. Talk to the probate court or a lawyer about appointing a personal representative when:

• the probate estate, less liens and encumbrances, is worth more than $45,000;
• the estate includes a house, land or any other interest in real property;
• someone has already applied to be appointed personal representative, in South Carolina or anywhere else; or
• a holder will not honor the affidavit, or the heirs disagree.

Our guide to South Carolina probate explains how an estate is opened and administered.

Related

• Small estate affidavit rules by state
• South Carolina probate
• South Carolina unclaimed property
• South Carolina property records
• Georgia small estate affidavit

Disclaimer: This article provides general legal information about South Carolina's small estate procedures under S.C. Code 62-3-1201 through 62-3-1204, verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the probate court in the county where the person lived, a legal aid office, or a lawyer licensed in South Carolina.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in South Carolina?

The affidavit under S.C. Code 62-3-1201 is available when the entire probate estate, less liens and encumbrances, does not exceed $45,000. 2025 Act No. 26 raised the figure from $25,000, effective May 8, 2025.

How long after death can I use a small estate affidavit in South Carolina?

Thirty days. Section 62-3-1201 allows collection by affidavit thirty days after the death of the decedent.

Does a South Carolina small estate affidavit need to be filed with the court?

Yes. The affidavit must be approved and countersigned by the probate judge of the county where the person was domiciled and filed in that probate court. The filing fee is $25, $45 or $67.50 depending on the value shown, and half the fee when the property shown is worth less than $100 (S.C. Code 8-21-770).

Can I transfer a house with a small estate affidavit in South Carolina?

No. The affidavit covers personal property, and the official form SCCA 420ES has the signer state that the estate does not include any interest in real property. An estate with a house or land needs a personal representative.

Where do I get the South Carolina small estate affidavit form?

The South Carolina Judicial Branch publishes Form SCCA 420ES, Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding, revised 03/2026. It is signed before a notary and filed with the county probate court.

Who can sign a small estate affidavit in South Carolina?

A successor, meaning a person other than a creditor who is entitled to the property under the will or the Probate Code. For this procedure, a person who paid reasonable funeral expenses also counts, with proof of payment attached.

Can I use a small estate affidavit for a car in South Carolina?

The SCDMV says the affidavit only allows the vehicle to be titled in the name of the person appointed by the probate court and does not allow that person to sign the title over to someone else. Transfer-on-death vehicles use Forms 400 and TOD-1 with a $15 title fee.