Small Estate Affidavit South Carolina: The $45,000 Shortcut to Probate

Full probate takes months. It involves court filings, newspaper publications, an 8-month creditor waiting period, and fees that scale with estate size. For families dealing with a modest estate, it can feel like using a sledgehammer to crack a nut.

South Carolina has a simpler path. If the estate is small enough, heirs can skip formal probate entirely and collect assets using a single affidavit. And as of May 2025, that path just got wider.

The New $45,000 Threshold

On May 8, 2025, Governor McMaster signed Act No. 26 into law, raising South Carolina's small estate threshold from $25,000 to $45,000. This is a significant change — many estates that previously had no choice but to go through full probate can now use the simplified affidavit process.

The threshold applies to the gross value of the decedent's probate personal property — meaning property that would otherwise have to pass through probate. Assets that already have named beneficiaries (life insurance, retirement accounts, POD bank accounts) don't count toward the threshold because they don't go through probate in the first place.

What the Small Estate Affidavit Covers (and What It Doesn't)

The small estate affidavit — Form 420ES in South Carolina — only applies to personal property. That means:

Covered:

• Bank and savings accounts in the decedent's name alone
• Investment accounts without a named beneficiary
• Vehicles titled solely in the decedent's name
• Personal belongings, jewelry, household items
• Business interests in certain cases

Not covered:

• Real estate (houses, land, mineral rights)
• Any property titled with a joint owner with right of survivorship
• Assets with a named living beneficiary

If the decedent owned real property in their name alone, you'll need full probate to transfer that property regardless of the estate's total size. The small estate affidavit cannot be used to transfer real estate in South Carolina.

The Two Requirements: Time and Value

Two conditions must both be met before you can use Form 420ES:

1. At least 30 days have passed since death.

There is no exception to this waiting period. Even if the estate clearly qualifies and the paperwork is ready, you cannot file or present the affidavit until day 31 after the date of death. The waiting period exists to allow potential creditors or other claimants to come forward before assets are distributed.

2. The gross value of probate personal property is $45,000 or less.

This is measured at the decedent's death, using fair market values. If you're uncertain whether assets exceed the threshold, err on the side of caution — presenting an affidavit for an estate that actually exceeds $45,000 exposes you to personal liability.

Dying Without a Will

The small estate affidavit works whether or not the decedent had a will. For estates without a will, the affidavit is completed by the person who would be entitled to the assets under South Carolina's intestate succession laws (typically the spouse, children, or parents, in that order).

There's no requirement to have a will probated before using the affidavit. You simply declare your entitlement under state law and sign under penalty of perjury.

How to Use Form 420ES: Step by Step

Step 1: Gather documents

You'll need:

• A certified copy of the death certificate
• Any will (if one exists)
• A list of the decedent's probate assets with estimated values
• Identification for yourself as the person filing

Step 2: Complete Form 420ES

Form 420ES — Affidavit for Collection of Personal Property of Decedent — is available from the South Carolina Judicial Department or your county probate court. The form asks you to:

• Identify the decedent and the date of death
• Confirm that 30 days have passed
• List the assets being claimed
• Declare that the total gross value of probate personal property does not exceed $45,000
• Identify yourself and your entitlement (as heir, next of kin, or creditor)
• Sign under penalty of perjury before a notary

Step 3: File with the probate court or present to the asset holder

You have two options. You can file the affidavit with your county's probate court and receive a certified copy to present to banks and other asset holders. Or in some cases, you can present the affidavit directly to the asset holder (the bank, the DMV, the brokerage) without first going to the probate court.

Whether the asset holder requires a court-certified copy or will accept a notarized original varies by institution. Call ahead.

Step 4: Pay the filing fee

If you file with the probate court:

• Estates valued at $20,000–$45,000: filing fee capped at $72.50
• Smaller estates: lower fees apply

Step 5: Collect the assets

Once the affidavit is accepted, you can collect and distribute the assets to the rightful heirs. You are personally responsible for distributing assets correctly — if you collect assets using the affidavit and then distribute them wrongly, you're liable.

Liability Warning

South Carolina law holds the person who presents the affidavit personally liable if the estate actually exceeds $45,000, if there are other heirs who weren't identified, or if the assets are distributed incorrectly. The affidavit is signed under penalty of perjury.

Before using this process, confirm that no significant assets were overlooked. Check for life insurance policies, retirement accounts, and any accounts the decedent may not have discussed with family.

When to Use Full Probate Instead

The small estate affidavit is the right tool when:

• The estate's probate personal property is clearly under $45,000
• There are no disputes among heirs
• There is no real property to transfer

If the estate includes real estate, has debts that need formal creditor protection, or if family members are disagreeing about who gets what, full probate provides a legal framework that the small estate affidavit doesn't.

The South Carolina Probate Process Guide covers both paths — the full probate process and the small estate shortcut — with the forms, fees, and timelines for each.

See more South Carolina guides →