South Carolina Small Estate Affidavit | Form 420ES
The South Carolina Small Estate Affidavit, also called an “Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (Form 420ES),” represents the mandatory documentation an individual must complete and present to the probate court in order to be granted the right to utilize the small estate left behind by a deceased individual (a party called the Decedent). South Carolina state law restricts the use of this form to estates valued at a maximum of $25,000.
Laws & Required Conditions
Laws: § 62-3-1201
Maximum Estate Value: $25,000
Required Conditions: To be compliant with South Carolina’s small estate laws, it is compulsory for the Affidavit:
- To state that the Decedent’s passing was at least thirty (30) days prior,
- To state that the value of the estate is at most valued at $25,000,
- To state that in accordance with state law, the claiming Successor is duly entitled to the estate,
- To be granted approval by the county probate judge where the Decedent was residing at the time of their death*. The judge must countersign the Affidavit, and
- To be filed as per state law directions, i.e., in the county probate court where the Decedent was residing at the time of their death*.
* It does not matter if the Decedent resided in the state of South Carolina or otherwise.