Detailed Answer
In South Carolina, a small estate affidavit lets certain heirs collect personal property when the estate’s value does not exceed $25,000 (South Carolina Code §62-2-901). You file this affidavit in the probate court of the county where the decedent resided. Below are the key documents and forms you’ll need.
1. Certified Death Certificate
You must provide a certified copy of the decedent’s death certificate. Probate courts require a certified copy, not a photocopy. The death certificate establishes the decedent’s identity and date of death.
2. Affidavit for Collection of Personal Property (SC Code §62-2-908)
Use the statutory form or draft an affidavit containing:
- The decedent’s full name, date of death, and last residence.
- The affiant’s relationship to the decedent.
- A statement that no formal probate administration is pending.
- A detailed list of estate assets with approximate values.
- An assertion that the total personal property value does not exceed $25,000.
- A list of any beneficiaries with their contact information.
Link to statute: SC Code §62-2-908.
3. Proof of Heirship or Will
If the decedent left a will, attach a copy. If there’s no will, attach an affidavit of heirship or sworn statements from family members identifying the heirs.
4. Personal Identification for the Affiant(s)
Provide a government-issued photo ID (e.g., driver’s license or passport) for each person signing the affidavit.
5. Title and Registration Documents for Vehicles (if applicable)
For motor vehicles, South Carolina Code §62-2-909 allows a separate affidavit for vehicles. You need:
- The original vehicle title or a lost-title affidavit
- Form MTR-610 (Affidavit for Transfer of Title for a Vehicle)
- Certified death certificate
- Completed SC DMV title application
Link to statute: SC Code §62-2-909.
6. Bank and Brokerage Letters (if applicable)
Many banks and investment firms require a “no‐probate” or “small estate” letter from the probate court. Check with each institution for their form and attach filings or the court’s stamped affidavit.
7. Filing Fee and Court Copy
South Carolina probate courts charge a nominal filing fee. Confirm the exact amount with your county probate court. Prepare two copies of the completed affidavit: one for the court file and one for your records.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Verify that total estate assets do not exceed $25,000 (SC Code §62-2-901).
- Use certified copies for all official documents.
- Ensure all affidavits are notarized before filing.
- Check local probate court websites for county-specific requirements.
- Keep detailed records of all filings and correspondence.
- Consider hiring an attorney if disputes arise or the estate nears the statutory limit.