TN 14 (10-14)

GN 02315.079 South Carolina Small Estates

A. No administration required

Under S. C. Code Ann. § 62-3-1201 (2014), a small estate may be handled without formal administration through the use of an affidavit. A person claiming to be the successor of the decedent may collect the decedent's personal property upon presentation of an affidavit. The affidavit must state that:

  • The value of the entire probate estate (the decedent’s property passing under the decedent’s will plus the decedent’s property passing by intestacy), wherever located, less liens and encumbrances, does not exceed $25,000,

  • 30 days have elapsed since the date of the decedent’s death,

  • No application or petition of appointment of personal representative is pending or has been granted in any jurisdiction, and

  • The person claiming to be the successor is entitled to the property claimed.

An affidavit attesting to these facts must be approved and countersigned by the probate judge of the county of the decedent’s domicile at the time of his or her death and filed with the Probate Court of the county of the decedent’s residence at the time of his or her death. Any person owing money or other personal property belonging to such an estate shall turn it over pursuant to the affidavit. Payment or transfer of money or property under this process shall be a discharge of all liability to such an estate. SSA is not required to see to the proper disposition of the underpayment once the affiant takes possession of it or to inquire into the truth of any statement in the affidavit.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202315079
GN 02315.079 - South Carolina - Small Estates - 02/12/2009
Batch run: 10/09/2014
Rev:10/09/2014