Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Determine Eligibility for a Small Estate Affidavit
South Carolina law allows certain personal property to pass via an affidavit rather than formal probate when the decedent’s personal property does not exceed $75,000. See SC Code §62-2-903. You may use this procedure if:
- The decedent died intestate (without a will) or with a will but no executor is acting;
- The total value of personal property (e.g., bank accounts, vehicles, household items) is $75,000 or less;
- No administration proceeding is pending in the probate court.
2. Gather Required Information and Documents
To draft an affidavit of collection, collect:
- Certified death certificate of the decedent;
- List of personal property and approximate values (total ≤ $75,000);
- Names and addresses of heirs entitled to share;
- Proof that no formal probate administration is underway.
3. Draft the Affidavit According to SC Code §62-2-904
Under SC Code §62-2-904, your affidavit must include:
- Decedent’s full name, date of death, and last residence;
- Statement that no probate administration is pending;
- Names of persons entitled to the property;
- Detailed schedule of personal property items and total value;
- A declaration under oath that the facts are true.
4. Validate and Certify the Affidavit
Sign the affidavit before a South Carolina notary public. The notary will:
- Verify your identity;
- Administer the oath;
- Apply the notarial seal and signature.
This notarization certifies the affidavit’s authenticity.
5. Present the Affidavit to the Property Holder
Submit the original affidavit, death certificate, and any required attachments to the custodian of the property (e.g., bank, title office). Each institution may have its own procedures, so confirm specific requirements in advance.
6. Keep Copies for Your Records
Retain at least one notarized copy and copies of all attachments. This ensures proof of entitlement and may help resolve any future disputes.
Helpful Hints
- Verify the total value of all personal property before proceeding to ensure eligibility.
- Confirm whether the institution accepts small estate affidavits or demands formal probate letters.
- Maintain organized records of all communications and filings.
- If the estate exceeds $75,000, you must open a formal probate administration.
- Consider consulting a probate attorney if the estate involves complex assets or multiple heirs.