Small Estate Check.

South Carolina probate code · checked October 2026

South Carolina Small Estate: The Limit, the Tracks, and the Form

For money and belongings, South Carolina's affidavit limit is $45,000 — applied to the estate after the assets that pass automatically are taken out. The South Carolina affidavit collects personal property only — but the $45,000 cap is measured on the ENTIRE probate estate (property passing under a will plus intestate property, less liens), so a house counts against the limit even though the affidavit cannot transfer it. The affidavit, where one exists, cannot be used until 30 days have passed since the death.

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The South Carolina line, in facts

The affidavit limit today: $45,000, judged by the law in force on the date of death.

The paper: Form 420ES (SCCA 420ES), Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding.

How it moves: filed with the court — a court paper, not an envelope.

The wait: 30 days after the death before the affidavit can be used.

For a surviving spouse: No spouse-specific cap in § 62-3-1201 or § 62-3-1203.

The tracks in South Carolina

TrackLimitHow it works
Small-estate affidavit$45,000Filed with the court. Form: Form 420ES (SCCA 420ES), Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding.
Small estates; summary administrative procedure (S.C. Code § 62-3-1203) - personal representative may distribute immediately after published creditor notice when the probate estate is within the cap$45,000Summary administration (§ 62-3-1203) sits at the same $45,000 line: the personal representative may distribute immediately after published creditor notice when the probate estate is within the cap.

What catches families in South Carolina

Vehicles in South Carolina

The 420ES affidavit form expressly itemizes motor vehicles, mobile homes and boats among the personal property collected, so a vehicle inside the $45,000 probate-estate cap can be collected by affidavit.

Debts, and the signer's duty

No solvency test in § 62-3-1201; a successor who collects is answerable and accountable to any personal representative or person with a superior right (§ 62-3-1202), and the § 62-3-1203 summary route requires published notice to creditors first.

Rules checked October 2026 · Sources: S.C. Code § 62-3-1201; S.C. Code § 62-3-1202; S.C. Code § 62-3-1203; 2025 Act No. 26 (H.3472), eff. May 8, 2025. This page reads the published law; it is not legal advice, and the court is the final word.

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