Detailed Answer
Under South Carolina law, you can use an affidavit for collection of personal property of a small estate—often called an heirship affidavit—to transfer certain assets without formal probate. See S.C. Code Ann. § 62-3-807. This procedure applies when the decedent died intestate (without a will), no probate has been opened, and the total value of personal property does not exceed $25,000.
Step 1: Verify Eligibility
Confirm that:
- The decedent died at least 30 days ago.
- No application for letters of probate or administration has been filed.
- The aggregate value of tangible personal property, bank accounts, and other non-exempt assets is $25,000 or less.
Step 2: Identify All Heirs
List every statutory heir under intestate succession. Under S.C. Code Ann. § 62-2-101, heirs may include the surviving spouse, descendants, parents, or next of kin. Provide each heir’s full name, address, and relationship to the decedent.
Step 3: Draft the Affidavit
Use a clear title—“Affidavit for Collection of Personal Property of Small Estate.” Include the following:
- Affiant’s name, address, and statement of relationship to the decedent.
- Statement that the decedent died intestate on [Date] in [County], SC.
- A detailed list of all known personal property and its approximate value.
- A declaration that no letters have been issued and the estate qualifies as a small estate.
- Signature lines for the affiant and all heirs, followed by a notary acknowledgment.
Step 4: Attach Required Documents
- Certified copy of the death certificate.
- Documentation supporting asset values (e.g., bank statements).
- Proof of heirship, such as birth or marriage certificates.
Step 5: Notarize and Distribute
Have the affidavit notarized. Provide the original affidavit and attachments to each custodian of property—banks, financial institutions, or individuals holding personal property. Each custodian will release assets upon receipt of the affidavit.
Transferring Real Property
South Carolina has no statutory affidavit for real estate transfers by heirship. To transfer land or buildings, you must open an intestate estate in the probate court. See S.C. Code Ann. § 62-3-803 et seq. This process issues letters of administration and clears title for real property.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Double-check that total estate assets do not exceed $25,000.
- Gather certified documents to confirm heir relationships.
- Keep original and multiple copies of the signed affidavit and attachments.
- Notify and involve all heirs early to avoid delays.
- For real property or complex estates, consider hiring a probate attorney.