Detailed answer — how the switch works in South Carolina

Short answer: first confirm whether the estate qualifies for the small-estate process under South Carolina law; then either use the small-estate affidavit (if allowed) or ask the probate court to close or modify the current administration so you can collect and distribute remaining assets under the small-estate rules. The exact path depends on whether a personal representative (executor/administrator) has already been appointed and on what assets remain.

1. Know the concepts: “year’s allowance” and “small estate”

“Year’s allowance” (also called a family or spousal allowance in some states) is a statutory allowance set aside for a surviving spouse and minor children to provide for immediate support during estate administration. A small estate procedure is a simplified way to collect and distribute a deceased person’s personal property without full probate when the estate falls below the statutory limit for small estates.

2. Confirm whether the estate qualifies as a small estate

Before switching, calculate the estate’s value carefully. Include cash, bank accounts, personal property, and certain receivables. Exclude items the law treats as exempt and property that passes outside probate (joint accounts, payable-on-death accounts, survivorship property, life insurance with designated beneficiary, etc.). If the net probate estate falls at or below South Carolina’s small-estate threshold, you may use the small-estate procedure for the remaining assets.

For state statutes and thresholds, review South Carolina’s probate code (Title 62) and contact the county probate clerk to confirm the current dollar limits and forms: South Carolina Code — Title 62 (Probate) and the South Carolina Judicial Branch: sccourts.org.

3. If no personal representative has been appointed

If you have not begun a full probate administration and the estate qualifies as a small estate, you may generally proceed directly with the small-estate affidavit or other simplified collection method available in South Carolina. The small-estate affidavit lets an eligible person collect personal property from banks and other holders without formal probate.

4. If a personal representative has already been appointed

There are two typical scenarios:

• Small distributions already made under the allowance: If the personal representative has paid a statutory allowance (the “year’s allowance”) or made other distributions that use up or approach the allowance cap, you must account for those distributions in the estate inventory and final accounting.
• Desire to convert to small-estate procedure: The personal representative can ask the probate court to close or terminate the full administration and permit small-estate collection for remaining personal property, or the representative can prepare and file the small-estate papers if the court rules allow that approach in the county.

In practice, courts vary in how they handle conversions. Some probate judges will accept a motion to terminate administration and permit distribution under small-estate rules when the remaining estate is small and uncontested. In other cases, the personal representative may need to file a final accounting and petition to close the estate before using the simplified collection process.

5. Steps to switch (practical checklist)

1. Inventory all assets and calculate the net probate estate after accounting for the year’s allowance and other statutory deductions.
2. Confirm the small-estate dollar threshold with the county probate clerk or by checking Title 62 of the South Carolina Code: https://www.scstatehouse.gov/code/t62.php.
3. If qualified, obtain the correct small-estate affidavit or form from your county probate court or the South Carolina Judicial Branch website: https://www.sccourts.org.
4. If a personal representative is in place, consult the probate clerk or the court about whether you must file a motion to terminate administration or submit a final accounting before using the small-estate affidavit.
5. Prepare and sign the affidavit (often under oath), attach required documents (death certificate, asset valuations, identification), and deliver it to the holders of assets (banks, brokerage firms, etc.).
6. Keep detailed receipts and records for every transfer; provide creditors with notice if required by law or the court’s instructions.

6. When court approval or notice may still be required

Small-estate procedures commonly cover personal property only. Real property (land, houses) and complex claims usually require formal probate. Also, if creditors contest distributions or if distributions already made exceed statutory allowances, the court may require a hearing or an accounting. Filing a petition for instructions or for approval of past distributions can resolve disputes and protect a fiduciary from personal liability.

7. Keep careful records and be ready to explain past distributions

If you already paid out a year’s allowance or other sums, document the authorizations, amounts, recipients, and reasons. The court or beneficiaries may require an accounting. Good documentation helps justify prior payments and supports the switch to a small-estate process.

8. When to consult an attorney

Talk with a probate attorney if any of the following apply: distributions already made are large or disputed; asset classification (probate vs. nonprobate) is unclear; creditors assert claims; or you need help preparing court petitions or an accounting. An attorney can file motions or negotiate with creditors and beneficiaries to reduce your personal liability as a fiduciary.

Helpful hints

• Start by calling the county probate clerk. Clerks explain county-specific forms and procedures and can tell you the current small-estate threshold.
• Do not assume the same dollar limits used in another state apply in South Carolina. Confirm the statutory amount locally or via Title 62 of the South Carolina Code: https://www.scstatehouse.gov/code/t62.php.
• Small-estate procedures usually cover only personal property—not real estate. If the estate includes a house or land, expect formal probate or special court orders.
• Collect and preserve every receipt, bank statement, and proof of payment for distributions already made.
• If you are or were the personal representative, request court guidance or an order approving prior distributions to limit personal liability.
• When in doubt, get a short consultation with a probate attorney—many attorneys offer limited-scope help for discrete tasks (e.g., preparing an affidavit or filing a motion).
• Use official forms from the probate court or the South Carolina Judicial Branch website rather than improvised papers.