A Small Estate
S.C. Code 62-3-1201 — an affidavit after thirty days, for an estate of $45,000 or less
After thirty days. Thirty days after a death, anyone owing the person money or holding their tangible personal property, or an instrument for a debt, stock or similar claim, pays or delivers it to a person claiming to be the successor who presents an affidavit made by or for that successor.
- The whole probate estate, less liens and encumbrances, is worth no more than $45,000.
- Thirty days have passed since the death.
- No application or petition for a personal representative is pending or granted anywhere.
- The claimant, which includes someone who paid reasonable funeral expenses, is entitled to the property.
- The probate judge of the county of the person's domicile has approved and countersigned it.
- It has been filed in that probate court.
Those are what the affidavit must state or show before it is presented. A transfer agent changes the registered ownership of a security to the successor on the same affidavit.
The judge countersigns only when satisfied the successor is entitled to the property. Real estate and larger estates go through other procedures. Whether a particular estate qualifies is a question for a licensed South Carolina attorney.
Sources for this section (1)
- S.C. Code 62-3-1201 — Collection of personal property by affidavit
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.