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S.C. Code § 62-3-1201 · checked 2026-10-21
South Carolina small estate affidavit limit
In South Carolina the small estate affidavit approved by the probate judge is available when the value of the entire probate estate (property passing by will plus property passing by intestacy), wherever located, less liens and encumbrances is $45,000 or less, and it can be used 30 days after the death. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $45,000
- 2Waiting period 30 days
- 3Filed with Court
- 4Statute S.C. Code § 62-3-1201
What S.C. Code § 62-3-1201 says
The operative words of the statute, as read on 2026-10-21:
“does not exceed forty-five thousand dollars”
That test is applied to the value of the entire probate estate (property passing by will plus property passing by intestacy), wherever located, less liens and encumbrances. The affidavit collects personal property and must be approved and countersigned by the probate judge of the county of domicile and filed in that probate court. 2025 Act No. 26 (effective May 8, 2025) raised the figure from $25,000 to $45,000.
Source: S.C. Code § 62-3-1201. Last checked 2026-10-21.
Worked examples against the $45,000 limit
| Estate value | Result under S.C. Code § 62-3-1201 |
|---|---|
| $27,000 | Within the limit |
| $45,000 | Within the limit |
| $46,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — value of the entire probate estate (property passing by will plus property passing by intestacy), wherever located, less liens and encumbrances — not everything the person owned. South Carolina's figure is $17,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 39th from the top, level with Vermont.
When the route opens
The statute requires 30 days to pass after the death. For a death on January 15, 2026, the earliest date is February 14, 2026. 7 of the 31 jurisdictions with a written wait make people wait longer and 3 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 8 months counted from first publication of the notice to creditors (S.C. Code § 62-3-801(a)). The South Carolina probate timeline works those dates through.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file. The court fee schedule for South Carolina could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit approved by the probate judge and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby South Atlantic jurisdictions
Delaware: $50,000 after 30 days; District of Columbia: $80,000; Florida: $150,000; Georgia: no dollar cap; Maryland: $50,000; North Carolina: $20,000 after 30 days; Virginia: $75,000 after 60 days; West Virginia: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-21; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the South Carolina probate court or its self-help center before filing.