SC risk area
Probate risk in South Carolina
Court-supervised estate process, timing, cost exposure, and public record requirements.
South Carolina allows collection of personal property by affidavit for small estates after a waiting period when the estate is below the statutory cap.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- The small-estate cap is $45,000 for collection by affidavit.
- At least 30 days must pass after death before using the affidavit.
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit must be approved and countersigned by a probate judge.
Questions to consider
Questions this risk area helps you evaluate in South Carolina
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
South Carolina allows collection of personal property by affidavit for small estates after a waiting period when the estate is below the statutory cap.
- The small-estate cap is $45,000 for collection by affidavit.
- At least 30 days must pass after death before using the affidavit.
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit must be approved and countersigned by a probate judge.
- Small-estate affidavits must be approved and countersigned by a probate judge before use.
Sources
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in South Carolina.