South Carolina Small Estate Affidavit | Form 420ES

The South Carolina Small Estate Affidavit, also called the “Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding,” is a straightforward document that is used to formally obtain the assets (personal belongings) of an individual that died. In South Carolina, the deceased person is called the “decedent,” and the individual completing the form is known as the “successor.” So long the decedent’s total estate value is not worth more than $25,000 at the time of death, at least thirty (30) days have passed since the decedent’s death, and the form is filed correctly according to South Carolina law, the form can be used.

Laws & Required Conditions

Laws: § 62-3-1201

Maximum Estate Value: $25,000

Required Conditions: To be compliant with South Carolina’s small estate laws, it is required that the following hold true:

  • A minimum of thirty (30) days has passed since the decedent’s death.
  • The value of the estate is not valued at more than $25,000.
  • In accordance with state law, the claiming successor is duly entitled to the estate.
  • To be granted approval by the county probate judge, the judge must countersign the affidavit.
  • The form is filed as per state law directions (in the county probate court where the decedent was residing at the time of their death).