Short answer — what this is and when you can use it

An affidavit accounting for personal property is a sworn statement that lists the decedent’s personal assets and explains who is claiming them. In South Carolina, people commonly use a small‑estate affidavit or similar statutory procedures to collect personal property (bank accounts, vehicles, household goods, etc.) without a full probate administration when the estate qualifies under state law. Before you start, confirm that the decedent’s estate fits South Carolina’s small‑estate process in the South Carolina Code (Title 62) and with the local probate court.

For the official text of the state probate laws, see the South Carolina Code of Laws: https://www.scstatehouse.gov/code.php. For local probate court procedures and forms, see the South Carolina Judicial Branch: https://www.sccourts.org/.

Detailed answer — step‑by‑step guide (with a simple hypothetical)

Hypothetical facts: Jane Doe (the decedent) died owning a single checking account with $8,000 and household goods. Her son, Paul, lives in South Carolina and wants to collect the checking account funds and the personal property without opening a full probate estate.

1. Confirm eligibility.

   Check whether the decedent’s estate qualifies for the small‑estate or affidavit procedure under South Carolina law. Many small‑estate routes require that the total value of the decedent’s personal property fall under a statutory limit, and they exclude real property. If you are unsure, call the probate clerk’s office in the county where the decedent lived or review Title 62 of the South Carolina Code (SC Code (Title 62)) to find the correct statutory provisions.

2. Identify the assets and gather documents.

   Make a simple inventory: bank accounts, cash, jewelry, motor vehicles, household goods, and other personal property. Locate the decedent’s death certificate, the decedent’s will (if any), account statements, titles, bills of sale, and any documents showing ownership or account holders.

3. Prepare the affidavit accounting for personal property.

   The affidavit should be in writing and signed under oath before a notary. Typical elements include:

   • Identification of the decedent (name, date of death, last residence).
   • Statement of your relationship to the decedent and your authority to act (heir, spouse, beneficiary, or personal representative if one exists).
   • A clear list of the decedent’s personal property you are claiming, with best‑available values and locations.
   • A declaration about whether a will was probated or a personal representative was appointed.
   • A statement that the amounts listed are, to your knowledge, complete and correct and that all known creditors have been or will be notified consistent with law.
   • Signatures and a notary block.

   Use plain, specific language. If a statute or local form exists for a “small estate affidavit” or “affidavit for collection of personal property,” prefer the statutory form or the court’s form when available.

4. Attach required supporting documents.

   Common attachments: a certified death certificate, copies of account statements or titles showing the property, a copy of the decedent’s will (if any), and any proof of your identity and relationship to the decedent.

5. Notarize and file or present the affidavit.

   Sign the affidavit in front of a notary public. Depending on the asset holder and the county court’s procedures, you may either:

   • File the affidavit with the probate court clerk (some counties require filing); or
   • Present the affidavit directly to the holder of the asset (bank, car title office, or other custodian) to collect the property. Many banks will accept a properly completed and notarized affidavit plus a certified death certificate and identification before releasing funds.
6. Observe waiting periods and creditor notice rules.

   Some small‑estate procedures require a short waiting period so that creditors can make claims. Follow any statutory notice or timing rules listed in Title 62, and check with the probate clerk about whether you must publish or mail creditor notices before distributing property.

7. Keep records and distribute property carefully.

   Keep copies of all filed documents, receipts, and correspondence. If you distribute assets to heirs or beneficiaries, document each distribution and get signed receipts when possible. If creditor claims arrive, do not distribute contested assets until you understand the claim and your obligations.

8. When to consult an attorney.

   If the estate includes real estate, complicated debts, disputes among heirs, or unclear ownership of property, consult a South Carolina attorney experienced in probate. If a bank or other holder refuses a small‑estate affidavit, an attorney can advise whether formal administration is necessary.

Common problems and how to avoid them

• Incomplete inventories — confirm account numbers and vehicle identification numbers (VINs).
• Missing death certificate — banks and many title companies require a certified copy.
• Incorrect affidavit wording — use a court form or sample local affidavit as a model.
• Forgetting creditors — check statute and clerk’s guidance on creditor notice and a possible waiting period before distribution.
• Using the wrong forum — some assets require formal probate (real property, business interests, large accounts).

Helpful hints

• Contact the probate clerk in the county where the decedent last lived before preparing the affidavit; clerks often provide forms or checklists.
• Search Title 62 of the South Carolina Code for small‑estate rules: https://www.scstatehouse.gov/code.php.
• Call bank or title companies ahead of time to confirm what documents they require to release property on an affidavit.
• Always use a certified death certificate (not a photocopy) if a financial institution asks for it.
• Keep detailed receipts and a written record of every item you collect and every distribution you make.
• If multiple heirs exist, get written agreement about distributions to reduce future disputes.