South Carolina Small Estates: the small estate affidavit
The short answer
South Carolina calls its simplified route the small estate affidavit, and it is set out in S.C. Code § 62-3-1201. A probate judge must sign off. This limit took effect May 8, 2025. You have to wait a set number of days after the death before using it. It does not transfer real estate. A house in the person’s sole name needs the court process instead. The current limit and the date we last read the statute are on the card below.
South Carolina’s small estate affidavit
South Carolina sets this out in S.C. Code § 62-3-1201. A probate judge must sign off. This limit took effect May 8, 2025. The figure itself, and the date we last read that statute, are on the card below.[1]
South Carolina
- Procedure:
- small estate affidavit
- Limit:
- $45,000
- Wait:
- 30 days
- Real estate:
- not covered
A probate judge must sign off. This limit took effect May 8, 2025.
S.C. Code § 62-3-1201 — official page read September 18, 2026
It does not transfer real estate. A house in the person’s sole name needs the court process instead.[1]
The small estate affidavit is one piece of settling an estate in South Carolina. Answer a few questions and Go Forward builds the rest of the list for your situation — the notifications, the accounts, the paperwork — in the order it needs doing.
Build my plan →Steps this page connects to: Check whether probate is required · Order certified death certificates · List what the estate holds
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Creditor claims under S.C. Code §§ 62-3-801, 62-3-803
Above the limit it is a regular South Carolina probate case, and whoever the court appoints has to publish a notice to creditors in a local newspaper. The window for claims is 8 months after the notice is first published. All claims are cut off 1 year after the death.. Paying anyone out before that window closes can leave the person who paid personally liable.[2]
South Carolina
- Published notice:
- required
- Claim window:
- 8 months after the notice is first published. All claims are cut off 1 year after the death.
S.C. Code §§ 62-3-801, 62-3-803 — official page read September 18, 2026
Sources
- S.C. Code § 62-3-1201 (small estate affidavit) — South Carolina — official statute or court self-help page. Read September 18, 2026.
- S.C. Code §§ 62-3-801, 62-3-803 (notice to creditors) — South Carolina — official statute or court self-help page. Read September 18, 2026.
Each state above links to the statute or court page we read, with the date we read it.
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