Free South Carolina 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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The South Carolina affidavit identifies the claiming successor and the basis of entitlement.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed.

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The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

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Yes. South Carolina publishes SCCA 420ES Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding; the affidavit is prepared on that form.

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.

30 days after the death. The affidavit states that the period has passed, so it cannot be signed earlier.

In South Carolina the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue. 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.

Small Estate Collection in South Carolina

In South Carolina, the affidavit is prepared on the state's own form, SCCA 420ES Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding. The procedure's name in the statute is “Small Estate Affidavit”, and it collects the decedent's property through a filing that appoints no personal representative.

Eligibility turns on the figures: the estate qualifies when its value does not exceed $45,000. Real estate counts toward the ceiling. The ceiling is set by the decedent's date of death, so an earlier death may be measured against a lower figure. The affidavit may be signed 30 days after the death.

South Carolina says who may sign: 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)). The affiant signs it before a notary.

Where it is filed: 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 effect on the holder and on the successor: 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.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from South Carolina statutes and official state code. How we research.

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Free South Carolina 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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Small Estate Collection in South Carolina

Free South Carolina Small Estate Affidavit

Your Information

Is this your situation?

Named as Executor

Death of a Parent

Loss of a Spouse

Forms for Settling an Estate in South Carolina

Notice to Creditors

Estate Inventory

Estate Closing

Letter of Instruction

Digital Assets Recovery Letter

Tools for Settling an Estate in South Carolina

How Much Can an Executor Charge?

Can I Self-File Probate?

How Do I Get Appointed as Executor?

What Are the Creditor Claim Deadlines?

What Happens When an Estate Is Insolvent?

How Do I Open an Estate Account When Someone Dies?

What Is the Estate's Personal Property Worth for Probate?

Hire a South Carolina Probate Attorney

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South Carolina Estate Settlement Resources

Free South Carolina Small Estate Affidavit

Your Information