The South Carolina Small Estate Affidavit is an affidavit written by the successors of an estate when a family member has passed away with or without making a will. Below you can find out how to write a free South Carolina Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
A South Carolina small estate affidavit form, also called a South Carolina Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding form, is used in the event that the decedent had a limited amount of assets. To qualify as a small estate in South Carolina, the estate in question must be valued at less than $25,000. A South Carolina Small Estate Affidavit is used for the collection of personal property or real estate.
South Carolina Small Estate Affidavit Requirements
- The decedent must be a resident of the State of South Carolina or owned property in South Carolina at the time of death.
- Falls under South Carolina Code of Laws Title 62 South Carolina Probate Code Chapter 3 Article 3 Probate of Wills and Administration – Section 62-3-1201 – Collection of personal property by affidavit – Form 420ES.
- The estate in question must be valued at less than $25,000.
- Thirty days have elapsed since the death of the decedent.
- Must be filed in the local probate court where the decedent resided at the time of death.
How to Write a South Carolina Small Estate Affidavit Form
First of all, under Decedent’s Information write the decedent’s full legal name and birth date, date of death and age at the time of death. Check the box that applies and fill in the decedent’s address at the time of death.
In Section 5, list the successors to the decedent, birth date, address, relationship to the decedent and the share of the estate each successor is entitled to. Attach a list of the property to be collected, the value of each and a certified copy of the death certificate to the affidavit.
Free South Carolina Small Estate Affidavit Form
Once the document is signed by the Probate Judge and recorded in the probate court, the South Carolina small estate affidavit is valid and the affiant can proceed to collect the assets.
Fill out and print a free South Carolina Small Estate Affidavit online.