South Carolina Small Estate Affidavit | Affidavit of Heirship

When a loved one who lived in or owned property in South Carolina passes away, “interested parties” may file either an affidavit of heirship or a small estate affidavit to claim personal property or real estate. These affidavits may be filed when 30 days have passed since the decedent died. “Interested parties” can include not only grieving family members, but other successors including creditors to whom the decedent owed money. To avoid probate court in South Carolina, a small estate must value $10,000 or less.

Affidavit of Heirship: In South Carolina, “successors” can include creditors, as long as they have evidence of the decedent’s debts.

Small Estate Affidavit: A voluntary administrator must be named to take care of the decedent’s real estate property, but this person can divide or sell the estate as they see fit as long as the estate values $10,000 or less.



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Under South Carolina law, SECTION 62-3-1201, a “small estate” involving bank accounts and other personal property can value up to $10,000 to qualify to avoid probate court. Successors may file an affidavit of heirship to claim this personal property. In South Carolina, “successors” are not just the decedent’s loved ones,…

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In South Carolina, statute sections 62-3-1203 and 1204 determine that a personal representative for the decedent must close down the estate and distribute the personal property and real estate after notifying a decedent’s creditors of their death. Creditors may take any financial obligations out of the estate, which to avoid…