Forms for Settling an Estate in South Carolina

In South Carolina, the Small Estate Affidavit covers estates valued at $45,000 or less, 30 days after death, filed with the court.

All Planning ahead Settling an estate

10 forms for South Carolina

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EIN Application

Get the tax ID number (EIN) banks require to open an estate account or trust account after someone dies.

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Petition for Probate and Letters

In South Carolina, the petition asks the County Probate Court to appoint the personal representative, whose authority is proved by Certificate of Appointment of Personal Representative; an informal (registrar) track is available.

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Notice to Creditors

In South Carolina, the notice to creditors is published for 3 weeks in a local newspaper, and creditors have 8 months from first publication to present claims.

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Renunciation of Executor

In South Carolina, a person named as personal representative may renounce the right to serve before anyone is appointed.

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Affidavit of Heirship

Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.

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Small Estate Affidavit

In South Carolina, the Small Estate Affidavit covers estates valued at $45,000 or less, 30 days after death, filed with the court.

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Estate Inventory

In South Carolina, the personal representative files the estate inventory within 90 days of appointment.

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Estate Closing

In South Carolina, the personal representative is discharged by court order, and a final accounting is required unless it is waived.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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In South Carolina, estates valued at $45,000 or less use the Small Estate Affidavit, 30 days after death, a court filing short of full probate. Real property counts toward the limit. South Carolina sets the limit by the decedent's date of death; an earlier death may be measured against a lower figure. An estate over the limit does not qualify, and no affidavit is prepared for it.

The creditor claim period of 8 months runs from the first publication of the creditor notice, which follows the executor's appointment. A claim not presented in time is barred. Every claim is barred 12 months after the date of death, whether or not notice was given.

Within 90 days of the personal representative's appointment.

The personal representative closes a normally-administered estate under S.C. Code § 62-3-1001 by filing a full accounting (Form 361ES), a proposal for distribution (Form 410ES), and an application for settlement (Form 412ES), together with proof that a notice of right to demand hearing (Form 416ES) and copies were sent to all interested persons; after the 30-day demand window the probate court enters an order approving settlement, directing distribution, and discharging the personal representative. A small estate qualifying under § 62-3-1203 (probate value not exceeding $45,000 plus priorities, or a sole-heir/sole-devisee PR) may instead close by filing a verified statement under § 62-3-1204 (Form 421ES).

Yes. South Carolina requires an account of the administration to close on this route, though the account can be excused in some estates. To close, the personal representative files a full accounting in writing (Form 361ES), a proposal for distribution (Form 410ES), and an application for settlement (Form 412ES) with proof that a notice of right to demand hearing was sent to all interested persons; the court enters a settlement and discharge order, and the accounting, proposal, and notice may be waived by all interested persons.