Personal property
$25,000
statutory cap
30-day wait
SC · Probate Court
South Carolina
Small-estate-affidavit threshold and procedure under § S.C. Code § 62-3-1201.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under South Carolina's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.Real property
Excluded — personal property only
Affidavit explicitly excludes any interest in real property.
03
Where to file
File with the Probate Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The South Carolina judicial system operates an authoritative court locator.
Find your county’s Probate Court via the South Carolina judicial council website. Search for “South Carolina Probate Court county locator” or visit the state government court directory.
04
Form & statute
Form
- 420ES Affidavit for Collection of Personal Property
Statute