How to Use a Small Estate Affidavit in South Carolina to Claim a Deceased Parent’s Bank Account

Short answer: In South Carolina, you may be able to get a deceased parent’s bank account funds by presenting a properly completed small estate affidavit (or a bank’s equivalent affidavit) together with a certified death certificate and ID. The bank must accept the affidavit under its internal policy, and the estate must qualify under state probate rules. If the bank refuses, you may need to open a probate case or obtain letters of administration.

Detailed answer — what you need to know

This section explains the practical steps and legal context for using a small estate affidavit in South Carolina. This is educational information only and not legal advice.

Legal background

South Carolina’s probate and administration rules are in the South Carolina Code of Laws, Title 62. That code governs when formal probate or administration is required and how property may be transferred after death. See the South Carolina Code, Title 62: https://www.scstatehouse.gov/code/t62.php. For local procedure and forms, the South Carolina Judicial Branch’s probate resources are useful: https://www.sccourts.org/probate/.

Does a small estate affidavit apply to a bank account?

Many banks will accept an affidavit from an heir or personal representative as a way to release funds when the account holder’s estate is small and there is no formal probate. South Carolina law provides mechanisms that let heirs collect certain property without full administration, but acceptance often depends on the bank’s internal policy and the specific facts (whether there is a will, who the heirs are, whether anyone has filed for administration, and whether creditors are likely).

Typical eligibility and practical considerations

• You must confirm whether a formal probate or administration has already been opened for the decedent. If a personal representative or executor has been appointed, the bank may require dealings through that representative.
• Determine the account balance and whether other assets exist. If the decedent left other property requiring administration, the bank may insist on probate.
• Banks vary. Some will accept a simple affidavit; others require their own affidavit, signature of all heirs, or court-issued letters.
• If the decedent had a payable-on-death (POD) or joint account with rights of survivorship, the bank usually releases funds directly to the named survivor(s) or joint owner without any affidavit.

Step-by-step process (common practical steps)

1. Get a certified copy of the death certificate from the county that issued it.
2. Check whether the decedent left a will and whether someone has filed for probate. Contact the clerk of the probate court in the county where the decedent lived to see if a probate case exists.
3. Call the decedent’s bank. Ask whether the bank accepts a small estate affidavit, whether it has its own form, and what documentation it requires (death certificate, photo ID, Social Security number, original account number, signatures of beneficiaries, etc.).
4. Prepare the affidavit. Include the decedent’s name and date of death, your relationship and status as heir or beneficiary, a description of the account and amount (if known), a statement that no formal probate or administration is pending (or that you are the personal representative), and an oath that the statements are true. If there are multiple heirs, the bank may require signatures from all who are entitled to the funds.
5. Have the affidavit notarized and attach a certified copy of the death certificate and any other documents the bank requests (IDs for claimants, a copy of the will if relevant, proof of beneficiary status if POD named someone, etc.).
6. Submit the affidavit package to the bank’s branch or legal/research department. Keep copies of everything you submit and get a receipt for documents given to the bank.
7. If the bank accepts the affidavit, it will typically release funds to you or distribute according to the bank’s internal procedures (possibly sending funds by check or transferring into your account).
8. If the bank refuses, ask for a written reason. You may need to seek appointment as personal representative in probate court or consult an attorney about next steps.

Sample language (hypothetical) — for illustration only

I, [Claimant Name], being sworn, state:
1. [Decedent Name] died on [date] in [county], South Carolina.
2. I am the [son/daughter/beneficiary/heir-at-law] of the decedent.
3. No application for probate or appointment of a personal representative is pending in any South Carolina probate court for the decedent's estate to my knowledge.
4. I believe the decedent left the following account at [Bank Name]: [account number ending in 1234] with approximately $X.
5. I am entitled to possession of the property described above under South Carolina law, and no other person has the right to it that I know of.
6. I request payment of the funds to me. I declare under penalty of perjury that the foregoing is true and correct.
  

When you can’t use an affidavit — common reasons banks refuse

• A probate administration or will has already been filed.
• The account balance is large or the bank’s policy sets a low dollar limit on affidavit releases.
• There are multiple potential heirs who disagree about distribution.
• The decedent had significant creditors or unresolved tax issues.
• The bank’s internal legal department requires court letters or a court order before releasing funds.

If the bank refuses or other heirs object

If the bank refuses the affidavit, you can:

• Ask the bank exactly what it needs (often letters testamentary or letters of administration issued by the probate court).
• File a probate case and seek appointment as personal representative or executor. The probate court can issue letters that banks generally accept.
• Consult a probate or estate attorney if there are disputes, complex assets, or creditor issues.

Helpful Hints

• Call the bank first. Policies differ; getting the bank’s list of requirements avoids wasted trips and time.
• Bring originals: certified death certificate, government photo ID, and any paperwork (will, beneficiary designations, joint-account agreements).
• If multiple heirs exist, coordinate before presenting an affidavit. Banks often require releases from all heirs or written agreement about distribution.
• Keep written records of all contacts with the bank: who you spoke to, date, and what they said.
• If you run into resistance, a short consultation with a probate attorney can be less expensive than a full probate and will tell you whether the estate really needs administration.
• Remember that even when the bank pays under an affidavit, creditors may still have claims against the estate. Don’t distribute funds immediately if you expect creditor claims; check local rules or speak to counsel.
• Search the South Carolina probate rules and local county probate court pages for forms and instructions. Useful starting points: South Carolina Code, Title 62 (scstatehouse.gov) and the South Carolina Judicial Branch probate pages (sccourts.org/probate).