Collection by affidavit in South Carolina

(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property … belonging to the decedent shall make payment … to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor.

(1) state that the value of the entire probate estate … wherever located, less liens and encumbrances, does not exceed forty-five thousand dollars;

(2) state that thirty days have elapsed since the death of the decedent;

2025 Act No. 26 (H.3472), SECTION 1, eff May 8, 2025

(a) If it appears from the inventory and appraisal that the value of the entire probate estate … less liens and encumbrances, does not exceed forty-five thousand dollars and exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, after publishing notice to creditors … may immediately disburse and distribute the estate

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-3-1203(a)

(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property … belonging to the decedent shall make payment … to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor.

(1) state that the value of the entire probate estate … wherever located, less liens and encumbrances, does not exceed forty-five thousand dollars;

(2) state that thirty days have elapsed since the death of the decedent;

2025 Act No. 26 (H.3472), SECTION 1, eff May 8, 2025

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-3-1201(a)(1)–(2)

3. More than thirty (30) days have passed since the Decedent’s death.

South Carolina · general information · checked October 24, 2026 · SCCA 420ES (Revised 03/2026)

(4) state that the claiming successor, which for the purposes of this section includes a person who remitted payment for reasonable funeral expenses, is entitled to payment or delivery of the property;

(5) be approved and countersigned by the probate judge of the county of the decedent's domicile at the time of his death

(6) be filed in the probate court for the county of the decedent's domicile at the time of his death

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-3-1201(a)(4)–(6)

3. More than thirty (30) days have passed since the Decedent’s death.

South Carolina · general information · checked October 24, 2026 · SCCA 420ES (Revised 03/2026)

(4) state that the claiming successor, which for the purposes of this section includes a person who remitted payment for reasonable funeral expenses, is entitled to payment or delivery of the property;

(5) be approved and countersigned by the probate judge of the county of the decedent's domicile at the time of his death

(6) be filed in the probate court for the county of the decedent's domicile at the time of his death

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-3-1201(a)(4)–(6)

(a) If it appears from the inventory and appraisal that the value of the entire probate estate … less liens and encumbrances, does not exceed forty-five thousand dollars and exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, after publishing notice to creditors … may immediately disburse and distribute the estate

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-3-1203(a)