South Carolina Estate Planning Resources
In-depth guides covering South Carolina probate laws, trust requirements, and estate planning strategies.
In-depth guides covering South Carolina probate laws, trust requirements, and estate planning strategies.
Complete South Carolina's official SCCA 420ES Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding for estates up to $45,000. S.C. Code §§ 62-3-1201, 62-3-1202.
Step 1 of 6
The South Carolina affidavit identifies the claiming successor and the basis of entitlement.
The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.
The successor signing the affidavit.
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Yes — SCCA 420ES Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding. This tool completes the official form with the estate, successor, and property details.
$45,000, per S.C. Code §§ 62-3-1201, 62-3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.
30 days after the death (S.C. Code §§ 62-3-1201, 62-3-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.
A person claiming to be the successor of the decedent — the affidavit is made by or on behalf of the successor, and "claiming successor" for this section includes a person who remitted payment for reasonable funeral expenses (§ 62-3-1201(a)(4)). S.C. Code § 62-3-1201(a).
Before it can be used to collect, the affidavit must be approved and countersigned by the probate judge of the county of the decedent's domicile at death (or, for a non-domiciliary, the county where the decedent's property is located) — only upon the judge's satisfaction that the successor is entitled to payment or delivery — and filed in that county's probate court (§ 62-3-1201(a)(5)-(6)). The statewide form closes with the probate judge's order; holders and transfer agents then honor the approved affidavit.
The South Carolina affidavit is signed before a notary (SCCA 420ES (Revised 03/2026) verification block).
The person paying, delivering, transferring, or issuing personal property pursuant to the affidavit is discharged and released to the same extent as if he dealt with a personal representative, and is not required to see to the application of the property or inquire into the truth of any statement in it. A person presented with a valid § 62-3-1201 affidavit who has not received actual written notice of its revocation or termination "must not fail to deliver the property identified in the affidavit," provided it contains the statutory reliance clause. Recipients remain answerable and accountable to any personal representative or person with a superior right (§ 62-3-1202).
Personal property only — the affidavit reaches indebtedness, tangible personal property, and instruments evidencing a debt, obligation, stock, or chose in action; the value test is measured against the entire probate estate (will plus intestacy property) wherever located (§ 62-3-1201(a)). A transfer agent of any security must change registered ownership on presentation of the approved affidavit (§ 62-3-1201(b)). S.C. Code § 62-3-1201.
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