If the entire probate estate, meaning everything passing under the will or by intestacy, less liens, is worth $45,000 or less and at least thirty days have passed since the death, a successor can collect the decedent’s personal property with an affidavit under S.C. Code § 62-3-1201 instead of opening a full estate. The affidavit is Form 420ES, it must be approved and countersigned by the probate judge of the county where the decedent lived, and the filing fee follows the estate fee schedule: $25 for property under $5,000, $45 up to $20,000 and $67.50 up to $45,000. The affidavit transfers personal property only; real estate still needs an estate. Act 26 of 2025 raised the ceiling from $25,000 to $45,000 effective May 8, 2025.
Who qualifies
- A total probate estate of $45,000 or less after subtracting liens: bank accounts, vehicles, final paychecks, refunds, household goods, anything passing under the will or by intestacy, wherever located
- At least thirty days since the death
- No personal representative appointed and no application pending, here or anywhere else
- The person signing is a successor entitled to the property: an heir under the will or the intestacy statute, or someone who paid reasonable funeral expenses, who counts as a claiming successor under the statute
- Personal property only; real estate titled solely in the decedent’s name cannot pass by affidavit
What does not count toward the $45,000
Assets that pass outside probate are not part of the calculation: life insurance and retirement accounts with named beneficiaries, jointly owned accounts and real estate with survivorship, payable-on-death and transfer-on-death accounts, and anything already in a trust. A family with a $350,000 house held jointly, a $200,000 IRA with a named beneficiary and a $30,000 checking account in Dad’s name alone can usually use the affidavit for the checking account.
How to file, step by step
- Gather the numbers. Statements as of the date of death, vehicle titles and a certified death certificate. Value vehicles at fair market value and subtract any loan balance.
- Complete Form 420ES. The Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings is a statewide form published by the South Carolina Judicial Branch. It lists the property, the value, the heirs and their shares, and it is signed under oath.
- File it with the original will, if any. The will must be delivered to the probate court within thirty days of death in any event (S.C. Code § 62-2-901). The court checks that no estate has been opened and that thirty days have passed.
- The judge approves and countersigns. The clerk reviews the affidavit, the judge signs it, and the court issues certified copies, usually within a few days to two weeks depending on the county.
- Present it. A certified copy is presented to the bank, the DMV, the employer or the brokerage, which is protected by statute when it releases the property to the affiant.
- Distribute honestly. The affiant holds what is collected for the heirs and remains answerable to them and to creditors for it.
What it costs in Dorchester, Berkeley and Charleston County
The affidavit fee is the estate filing fee in S.C. Code § 8-21-770 based on the value listed, and it is the same in every county:
| Value of the property collected | Fee |
|---|---|
| Under $5,000 | $25 |
| $5,000 to $19,999 | $45 |
| $20,000 to $45,000 | $67.50 |
Certified copies are $5 each, and you will want one for each institution. Each county court has its own intake routine: the Dorchester County Probate Court in St. George asks people filing without a lawyer to complete its Opening Probate Worksheet first; the Berkeley County Probate Court in Moncks Corner takes walk-ins in the morning and has a drop box; the Charleston County Probate Court accepts filings through EZ-Filing and by appointment.
Summary administration: the other small-estate route
When the estate is slightly too large for the affidavit, or when real estate is involved, a personal representative is appointed but the estate can often be closed quickly. Under § 62-3-1203 an estate that does not exceed $45,000, or that does not exceed exempt property, family allowances, costs of administration, funeral expenses and medical expenses of the last illness, can be distributed immediately and closed with a verified closing statement after notice to creditors is published. The eight-month creditor period still runs, but the paperwork is a fraction of a regular estate.
When an affidavit is the wrong tool
Real estate in the decedent’s name alone, a vehicle with a loan larger than its value, a lawsuit or injury claim to pursue, a dispute among the heirs, or creditors who will not be paid in full all call for a regular estate. Filing an affidavit for an estate that needed probate creates personal liability to creditors and heirs, and the bank will not tell you whether an affidavit is correct; it will simply accept or reject it.
Frost first: a ten-minute call sorts out whether your family qualifies. If an affidavit will do, we will say so, and we can prepare it for a flat fee or point you to the form. (843) 419-6653
Is your family’s estate small enough?
Tell us what was owned and how it was titled. If an affidavit will do, we will say so.
Questions people ask
What is the small estate limit in South Carolina?
$45,000, measured by the probate estate less liens. The limit was $25,000 until Act 26 of 2025 raised it, effective May 8, 2025.
Can I use a small estate affidavit for a house?
No. Real estate in the decedent’s name passes through a regular probate estate, even when the rest of the estate is small. Summary administration may still shorten that estate.
How long does a small estate affidavit take in South Carolina?
You must wait thirty days after the death to file. Once filed, the court’s review and the judge’s signature commonly take a few days to two weeks, and institutions usually release funds within a week or two of receiving the certified affidavit.
Do I need a lawyer for a small estate affidavit?
Not always. Families with one or two accounts and heirs who agree often file it themselves. Call us when there is a will that does not match the intestacy shares, a vehicle with a lien, a creditor problem, or any doubt about whether the estate is under $45,000.
Does the thirty-day waiting period start at death or at filing the will?
At death. The will still must be delivered to the probate court within thirty days of death under § 62-2-901.
Related pages
The probate process
Every step from delivering the will to closing the estate, with the deadlines that matter.
Learn moreExecutor duties
The personal representative's checklist, deadlines and liabilities.
Learn moreProbate courts guide
Which of the three probate courts has your case, with a detailed guide for each.
Learn more