Skip to content
Oakclause

Small Estate Affidavit Limits in South Carolina

In South, Carolina, a successor can collect personal property by affidavit 30 days after the death if the probate estate is worth $45,000 or less; the affidavit must be approved by the probate judge.

Last checked . General information, not legal advice.

South Carolina at a glance

Maximum estate value
$45,000
Raised from $25,000 effective May 8, 2025. Counts the probate estate less liens and encumbrances.
Waiting period after death
30 days
Real estate can pass
No

Sources

Last checked

The rules in South Carolina

What is the maximum estate value for a small estate affidavit in South Carolina?

Maximum estate value in South Carolina: $45,000. Raised from $25,000 effective May 8, 2025. Counts the probate estate less liens and encumbrances.

How long after the death must you wait to use a small estate affidavit in South Carolina?

Waiting period after death in South Carolina: 30 days.

Can real estate pass by small estate affidavit in South Carolina?

No. Real estate can pass in South Carolina: no.

Where do the South Carolina small estate affidavit limits come from?

The rules above come from S.C. Code 62-3-1201. Each source is linked on this page. We last checked them in October 2026.

Good to know

2025 Act No. 26 raised the limit from $25,000 to $45,000, effective May 8, 2025.

The affidavit must be countersigned by the probate judge and filed in probate court.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.