How to Decide Which Assets to List on a Small Estate Affidavit (South Carolina)

This FAQ explains, in plain language, how to decide which assets to include on a small‑estate style affidavit or collection affidavit under South Carolina law. It focuses on identifying assets that belong to the decedent’s probate estate versus assets that pass outside probate. This is educational information only and is not legal advice.

Detailed answer: what to list and what to leave off

South Carolina allows simplified methods for collecting certain small estates or personal property without formal administration. The most important step before filling out any affidavit is to determine whether each item is part of the decedent’s probate estate. Only probate estate property is generally collected through an affidavit designed to avoid full probate.

1. Separate property that is usually eligible to list

• Personal property and bank accounts held solely in the decedent’s name — e.g., a checking or savings account in the decedent’s sole name (unless it has a payable‑on‑death designation).
• Cash on hand, household goods, jewelry, and other personal effects owned solely by the decedent.
• Stocks or bonds held in the decedent’s name without a transfer‑on‑death registration or beneficiary designation.
• Certain small refunds, reimbursements, or unclaimed wages that were payable to the decedent at death.

These are the kinds of assets you normally list on a collection affidavit when you are asking a holder (bank, brokerage, or individual) to turn property over to the person legally entitled to it.

2. Property you usually should not list because it passes outside probate

• Assets with named beneficiaries: life insurance proceeds and retirement accounts (IRAs, 401(k)s) that name a beneficiary do not pass through probate and are paid directly to the beneficiary. You normally do not include them as estate assets on a collection affidavit.
• Payable‑on‑death (POD), transfer‑on‑death (TOD) accounts, or accounts with a designated nonprobate payee. These pass directly to the named payee.
• Property held as joint tenants with right of survivorship. Joint tenancy typically means the survivor already owns the asset automatically.
• Trust assets. Property owned by a living trust avoids probate and is managed by the successor trustee under the trust document.
• Real estate. Real property (land, houses) usually requires probate or a separate statutory transfer process and is not collected through a personal property affidavit in many cases.

3. Vehicles and titles

Motor vehicles often have a separate transfer process with the South Carolina Department of Motor Vehicles. Some DMV procedures allow transfer by affidavit in limited situations, but you should check the DMV rules and the title for what is required. See the SCDMV website: https://www.scdmvonline.com.

4. When to put a value of zero or leave a field blank

• If the asset truly has no market or fair value (for example, an item of broken property with no resale value), you can list the item and put “$0” as its value, with a short description explaining why.
• If an asset does not belong to the probate estate (because it passes by beneficiary designation, joint ownership, or trust), do not list it as an estate asset. You can note it separately as “passes outside probate” rather than placing “$0”.
• If you do not know the exact balance or value, provide your best reasonable estimate and mark the entry “approximate.” Do not intentionally understate or omit assets — making a false affidavit can have legal consequences.
• If an institution requires a field but you have no information, contact them. Many banks will accept an affidavit only after they confirm account ownership and balance or after receiving a certified death certificate.

5. Jointly claimed or disputed assets

If another person claims ownership or if ownership is unclear, do not try to collect that asset through a simple affidavit without clarifying the dispute. Listing it on the affidavit could provoke a dispute or lead to liability. Instead, obtain documentation (titles, account agreements) or ask a probate court for guidance.

6. Creditor claims and liabilities

Collecting assets through an affidavit does not eliminate creditors. Some assets you collect may be subject to creditor claims. The affidavit process does not substitute for formal administration when the estate has significant debts or contested claims.

7. Practical steps to decide what to list

1. Make a simple inventory: list every potential asset you discover and note how it is titled and whether a beneficiary is named.
2. Obtain copies of account statements, titles, and the death certificate.
3. Check whether accounts list “POD,” “TOD,” beneficiary, joint owner, or trust ownership.
4. Contact the institution (bank, broker, insurer) and ask what documents they require to release funds or transfer property.
5. If you see a potential problem (real property, disputes, creditors, large balances), consult with a probate attorney in South Carolina before completing an affidavit.

For the South Carolina probate code and general statutes that govern probate and estate administration, see the South Carolina Code (Title 62) and the South Carolina Judicial Branch for county probate court information: South Carolina Code, Title 62 (Probate) and South Carolina Judicial Branch.

Helpful hints

• Get multiple certified copies of the death certificate early — institutions almost always want one.
• Ask each bank or holder for their “policy” in writing. Different banks have different rules about how they treat POD accounts, joint accounts, and affidavits.
• Do not assume a jointly‑named account automatically passed to the survivor; ask for the account agreement or statements showing the nature of the joint ownership.
• Label uncertain values as “approximate.” Transparency is better than omission.
• Keep a careful paper trail: copies of statements, correspondence, and receipts for any property turned over.
• If the estate includes real property, large balances, or creditor disputes, consider formal probate or talk to a probate attorney — affidavits are meant for relatively simple, uncontested collections.
• When in doubt, consult the county probate court clerk. They can often tell you if an affidavit is appropriate in your situation.

Summary

List on your South Carolina collection or small‑estate affidavit those items that are clearly part of the decedent’s probate estate and that you actually seek to collect: personal property and accounts held solely in the decedent’s name without beneficiary designations. Do not list assets that pass outside probate (named beneficiaries, most joint survivorship interests, trust property). If an item has zero value, you may state that, but avoid falsely understating values. When ownership is unclear, contact the holder or a probate attorney before submitting the affidavit.

Disclaimer: This article provides general information about South Carolina probate practice and is not legal advice. Laws change and every situation is different. For advice about a particular case, consult a licensed South Carolina probate attorney or your county probate court.