South Carolina Small Estate Affidavit (Form 420ES)

• Maximum Amount: $45,000, the value of the entire probate estate, wherever located, less liens and encumbrances.^[1]
• Signing Requirements: A sworn affidavit, filed with and processed by the probate court.^[2]
• Where to File: With the probate court of the county where the decedent was domiciled.^[3]
• When to File: 30 days after death.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate if the decedent left no descendants. If there are descendants, the spouse receives one-half, and the descendants share the other half.^[6]
• No Spouse, Children: The share not passing to the spouse goes to the decedent’s descendants, equally if they are all of the same degree, otherwise by representation, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the descendants take the entire estate.^[7]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.^[8]

Step 2 – Confirm the Estate Qualifies

The entire probate estate (less liens and encumbrances) must be $45,000 or less, the assets must be personal property, and no personal representative may be pending or appointed.^[9]

Step 3 – Complete Form 420PC

Complete the Affidavit for Collection of Personal Property (Form 420PC), citing § 62-3-1201, as a sworn affidavit.^[10]

Step 4 – File With the Probate Court

File the affidavit with the probate court of the decedent’s county and pay the applicable filing fee.^[11]

Step 5 – Present the Affidavit to the Asset Holder

Present the probate-court-processed affidavit to the bank, debtor, or transfer agent holding the property to obtain payment or transfer.^[12]