Act 26 of 2025 amended S.C. Code § 62-3-1201 to raise the small estate affidavit ceiling from $25,000 to $45,000, effective May 8, 2025, and made the same change to summary administration under § 62-3-1203. If the probate estate, meaning everything passing under the will or by intestacy, less liens, is $45,000 or less, a successor can collect the decedent’s personal property with Form 420ES thirty days after death instead of opening an estate. Real estate still cannot pass by affidavit, and the filing fee is $25 to $67.50 depending on the value.
What changed, exactly
The General Assembly passed H.3472 in the 2025 session and the Governor signed it as Act No. 26 of 2025. Section 1 substituted “forty-five thousand dollars” for “twenty-five thousand dollars” in § 62-3-1201, the affidavit statute, and Section 2 did the same in § 62-3-1203, which lets a personal representative close a small estate with a verified closing statement after notice to creditors. The previous ceiling had been in place since January 1, 2014. Nothing else about the procedure changed: thirty days must pass after death, no personal representative may be appointed or applied for, the affidavit must be approved and countersigned by the probate judge of the county where the person lived, and the person collecting holds the property for the heirs and creditors.
Who qualifies now and did not before
| Family situation | Under the old $25,000 limit | Under the $45,000 limit |
|---|---|---|
| Checking and savings of $32,000 in Dad’s name alone; house owned jointly with Mom | Full probate for the accounts | Affidavit; the house passes to Mom by survivorship |
| A paid-off 2019 truck worth $21,000 and a $19,000 brokerage account with no beneficiary | Full probate | Affidavit for both |
| $40,000 in accounts plus a $150,000 house titled only in the decedent’s name | Full probate | Still full probate; the house cannot pass by affidavit |
| $60,000 in accounts, no real estate | Full probate | Full probate, but summary administration may close it quickly |
Assets that pass outside probate were never part of the calculation and still are not: life insurance and retirement accounts with named beneficiaries, joint accounts and real estate with survivorship, payable-on-death accounts and anything in a trust. The number that matters is what was in the decedent’s name alone with no beneficiary.
What it costs and how long it takes
The affidavit fee follows the estate fee schedule in S.C. Code § 8-21-770: $25 for property under $5,000, $45 up to $20,000 and $67.50 from $20,000 to $45,000, plus $5 per certified copy. You must wait thirty days after the death, and the court’s review and the judge’s signature usually take a few days to two weeks. Each county has its own intake: Dorchester County asks families filing without a lawyer to complete its Opening Probate Worksheet first, Berkeley County takes walk-ins at the counter until 3:30, and Charleston County accepts filings through EZ-Filing and by appointment. The small estate affidavit page walks through the form line by line.
What the new limit does not do
- It does not move real estate. A house, a lot or an interest in family land titled in the decedent’s name alone needs a deed of distribution through an estate, even when nothing else is owned.
- It does not resolve disputes. An affidavit is a sworn statement that the signer is entitled to the property; when heirs disagree or a will does not match the intestacy shares, open the estate.
- It does not protect the signer from creditors. The person who collects remains answerable to creditors and other heirs for what was collected.
- It does not shorten the creditor period for summary administration, which still requires published notice and runs eight months.
Deaths before May 2025
Families sometimes discover an account years after a death. If the death was before May 8, 2025 and no estate was ever opened, ask before assuming which ceiling applies; the answer has turned on when the affidavit is presented, and the court will tell you what it will accept. Estates can be opened up to ten years after death.
Frost first: the bank will not tell you whether an affidavit is the right tool; it will accept it or reject it. Tell us what was owned and how it was titled and we will tell you in ten minutes whether your family qualifies under the new limit. (843) 419-6653
Written by Tara L. Frost, Attorney at Law · former Dorchester County Magistrate and Associate Probate Judge. Reviewed by Jack C. Frost.
Questions people ask
What is the small estate limit in South Carolina in 2026?
$45,000, measured by the probate estate less liens. Act 26 of 2025 raised it from $25,000 effective May 8, 2025.
Does the $45,000 limit include the house?
A house titled jointly with survivorship passes outside probate and is not counted. A house titled in the decedent’s name alone cannot pass by affidavit at all, so the estate must be opened regardless of the other numbers.
What form do I use for a small estate in South Carolina?
Form 420ES, the Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings, filed with the probate court of the county where the decedent lived, with the original will if there is one and a certified death certificate.
Sources and further reading
Related pages
Small estates
The $45,000 affidavit (Form 420ES), the fee, what counts toward the limit and the summary procedure for small estates.
Learn moreThe probate process
Every step from delivering the will to closing the estate, with the deadlines that matter.
Learn moreDorchester County Probate Court
Address, hours, the worksheet-and-seminar rule, forms, fees and timelines at the St. George courthouse.
Learn more