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:
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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,
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30 days have elapsed since the date of the decedent’s death,
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No application or petition of appointment of personal representative is pending or
has been granted in any jurisdiction, and
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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.