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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. 
Filing Fees for Small Estate Affidavits are as follows:
 Value of the Estate Property Probate Court Fees
 Under $100.00 $12.50
 $100.00 - $4,999.99 $25.00
 $5,000.00 - $19.999.99 $45.00
 $20,000.00 - $25,000.00 $67.50

Once you have been given the Small Estate Affidavit the process with the probate court will be complete. 

If you download our Small Estate Packet and complete it, it will greatly help us in assisting you.


Note: The probate court can never give legal advice. If you need legal advice, please seek out an attorney. The court cannot recommend an attorney.