South Carolina Small Estate Affidavit Form

The South Carolina Small Estate Affidavit form is utilized by an heir on behalf of somebody who has died to settle a small estate by gathering and disseminating resources while dodging the complicated probate method.

  • Nevertheless, to use this form, specific requirements need to be met.
  • The value of the deceased person’s private property should not surpass 25,000 dollars.
  • Thirty (30) days from the day of the decedent’s death must pass before filing the form.
  • The affidavit is filed in the Probate Court in the county where the decedent lived or where they had property.
South Carolina small estate affidavit official form

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South Carolina Laws and Requirements

The South Carolina SEA’s full title is the “Affirmation for Collection of Personal Property Pursuant to Small Estate Proceeding” or simply “Form 420ES.”

The small estate affidavit form can be found in Probate of Wills and administration, in the segment 62-3-1201, which covers all issues related to the inheritance of personal assets by an affidavit. Remember that there is a separate section containing information on vehicle transfer, so no additional documentation for a vehicle is required.

in South Carolina, real estate cannot be moved without a will. If you need to transfer move a bank account balance or a vehicle, you will probably need to open mini probate, but for a house or land, full probate is required.

South Carolina has a rearranged probate measure for small estates. If one wants to use it, an affiant files a complete affidavit in a nearby probate court requesting to use the improved strategy. The court might approve the agent to distribute the property items without having to go through the usual probate process.

One can use the SC small estate form provided that if the estimated value of the property is equal or less than 25000 dollars, excluding absolved property, expenses of the organization, funeral service costs, and medical costs. This alternative is likewise accessible if the affiant is the sole recipient of the decedent’s estate. In SC, it takes from 60 to 90 days after the decent’s demise to file an affidavit.

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Filling Out the South Carolina Small Estate Affidavit Form

If you want to fill out the South Carolina small estate affidavit form successfully, here is a comprehensive guide containing all of the necessary steps in the list below:

  • First, download a form template that meets local requirements and standards. You may use our form building software to get the needed file.
  • Then, fill out the “Decedent” section. Enter their full name, the address where the decedent lived, date of birth, and date and place of death. Also, choose the county where the decedent lived at the time of death. Fill out the necessary blank spaces.
    Decedent data section of South Carolina small estate affidavit form
  • Then, complete the “Affiant” section. Provide the affiant’s details: full name and address, year of birth, the percentage of the property they are claiming, and the relationship status with the decedent.
    Affiant data section of a small estate affidavit form for South Carolina
  • Afterward, describe the estate and property. Fill out the section about the deceased person’s property, including its features and value in dollars for each item of property/vehicle, not exceeding 25,000 dollars. Write out the debts and liabilities, if any.
    Property description section of a small estate affidavit template for South Carolina
  • Acknowledge all of the other written parts, read them, and confirm.
  • Finally, sign the form. Sign the affidavit in front of the notary public, fill out all of the necessary details required. This document also requires a notarial verification after signing.
    Signing part of South Carolina document of small estate affidavit
  • Furthermore, file the archive in the suitable Probate Court.
Published: Jan 11, 2021