After a death in South Carolina

Small estates

Two simplified options for probate estates worth $45,000 or less after liens and debts secured by the property. The limit rose from $25,000 to $45,000 by 2025 Act No. 26, effective May 8, 2025. Only property passing by will or by intestacy counts. Joint accounts, payable on death accounts and assets with beneficiaries do not count. 1) Collection by affidavit (S.C. Code 62-3-1201): 30 days after death, a successor signs an affidavit. The probate judge in the county where the person lived must approve and countersign it, and it is filed with the probate court. Then banks and others release personal property. It cannot be used if a personal representative has been appointed or a petition is pending. 2) Summary administration (62-3-1203): a personal representative can close quickly if the estate is $45,000 or less after liens, or if it is used up by exempt property, costs of administration, reasonable funeral costs and last illness medical bills.

• Limit: $45,000 (probate estate, less liens and encumbrances)
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In South Carolina, estates are handled by the Probate Court in the county where the person lived. Each county has a probate judge., usually in the county where the person lived.

Creditor claims: 8 months after the first publication of the notice to creditors, and in all cases no later than 1 year after death (S.C. Code 62-3-801 and 62-3-803).

Official court forms

Court Forms | South Carolina Judicial Branch

The South Carolina courts’ statewide forms page, filtered to probate court forms.

Small estate form: open the form

The small estate form is Form 420ES, Affidavit for Collection of Personal Property. Forms and fees can vary by county; call the county probate court first.

Ask the clerk of the probate court in the county where the person lived for the forms they use. Many courts post them on the county website.

Estate and inheritance tax

• State estate tax: No. South Carolina has no state estate tax.
• Inheritance tax: No. South Carolina has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: No. South Carolina does not allow transfer on death deeds for real estate. Bill S.49 (2025 to 2026 session) stayed in committee. Families usually use joint ownership with right of survivorship or a living trust instead.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: In writing, signed by the will maker (or by someone else in their presence and at their direction), and signed by at least two witnesses who saw the signing or the will maker’s acknowledgment of the signature or the will (S.C. Code 62-2-502). No notary is needed for validity.

Handwritten wills: Not valid when made in South Carolina. Every will needs two witnesses (S.C. Code 62-2-502).

Power of attorney and health care directive

Financial power of attorney: South Carolina Uniform Power of Attorney Act (S.C. Code Title 62, Article 8), effective January 1, 2017. The power of attorney must be signed by the principal, witnessed with the same formality as a will (two witnesses), and acknowledged or proved before a notary under S.C. Code 30-5-30 (S.C. Code 62-8-105). South Carolina did not adopt the uniform statutory form.

Health care directive: Health Care Power of Attorney (S.C. Code 62-5-504): signed before two witnesses. Relatives, heirs, people named in the will, life insurance beneficiaries, the agent, the doctor and the doctor’s staff, anyone financially responsible for your care, and creditors cannot witness. In a health facility, only one witness may be a facility employee. Notary is optional. Declaration of a Desire for a Natural Death, the living will (S.C. Code 44-77-40): signed before two witnesses and an officer who can give oaths, such as a notary (the officer may be one of the witnesses). If you are in a hospital or nursing facility, one witness must be an ombudsman named by the State Ombudsman. See the state form.

Death certificates

Certified copies come from the South Carolina Department of Public Health (DPH), Vital Records. The fee is $12 search fee per record, which includes one certified copy if the record is found. The fee is not refunded if no record is found.. The funeral home can usually order them for you.

Certified copies go to family members of the person who died or their legal representatives. Others must show a direct and tangible interest, such as a personal or property right (S.C. Code 44-63-84).

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

South Carolina raised its small estate limit from $25,000 to $45,000 in May 2025. The small estate affidavit is not valid until the probate judge signs it.