Small Estate Affidavit

Smaller estates that do no have any real estate may be eligible for what is known as a Small Estate Affidavit.

To be eligible to have property transferred with a small estate affidavit:

• Entire probate estate, less liens and encumbrances, does not exceed $25,000.00

• Thirty (30) days must have passed since the date of death

• No petition or application for appointment of a personal representative is pending in any jurisdiction

• There must be a successor entitled to payment or delivery of the property; a person who paid the funeral bill is a successor for the purpose of the Small Estate Affidavit

• The Affidavit must be filed in the county where the decedent resided at death or if he/she did not live in South Carolina, the county where the property is located.

• Must pay the appropriate filing fee.