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Probate · Summerville, SC

Small Estate Affidavits and Summary Administration in South Carolina

Not every estate needs eight months of probate. Here is when a South Carolina family can use a simple affidavit instead—and when it cannot. The limit rose to $45,000 in 2025.

Schedule a consultation(843) 419-6653
The short answer

If the entire probate estate—everything passing under the will or by intestacy, less liens—is worth $45,000 or less and at least thirty days have passed since death, a successor can collect the decedent's personal property with a small estate affidavit under S.C. Code § 62-3-1201, approved by the probate judge, instead of opening a full estate. The ceiling rose from $25,000 to $45,000 in May 2025. Frost Law Group prepares the affidavit and tells you first whether you qualify.

Who qualifies

  • A total probate estate—bank accounts, vehicles, final paychecks, refunds, household goods, anything passing under the will or by intestacy—of $45,000 or less after subtracting liens
  • The affidavit transfers personal property; real estate titled solely in the decedent's name still needs a deed of distribution through the court, so a house usually means a regular estate
  • At least thirty days since the death
  • No personal representative already appointed or application pending
  • The person signing is entitled to the property—an heir under the will or intestacy statute

How it works

  1. Gather the numbers. Statements, titles and the death certificate. Value vehicles at fair market value.
  2. Complete the affidavit. The probate court provides the form; it is sworn, approved and countersigned by the probate judge of the county where the decedent lived, and filed there with a small fee.
  3. Present it. The certified affidavit is presented to the bank, the DMV or the employer, who must release the property to the affiant.
  4. Distribute honestly. The affiant holds the property for the heirs and is accountable to them and to creditors.

What does not count toward the limit

Assets that pass outside probate are not part of the calculation: life insurance and retirement accounts with named beneficiaries, jointly owned accounts with survivorship, payable-on-death accounts, and anything in a trust. A family with a $300,000 house held jointly, a $200,000 IRA with a named beneficiary and a $30,000 checking account in Dad's name alone can often use the affidavit for the checking account.

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, or heirs who disagree all call for a regular estate—informal probate is still fairly simple in those cases, and a summary administration may be available when the estate does not exceed exempt property, family allowances and administration expenses.

Frost first: the bank will not tell you whether an affidavit is correct; it will simply accept or reject it. Filing one for an estate that needed probate creates personal liability to creditors and heirs. A ten-minute call sorts it out: (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.

Schedule a consultation(843) 419-6653

Questions people ask

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.

What is the fee?

The probate court charges a modest filing fee for the affidavit, far less than the graduated fee for a full estate.

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