South Carolina route screening
South Carolina publishes two DISTINCT small-estate procedures, both capped at forty-five thousand dollars but reached by different mechanisms. (1) Collection of personal property by affidavit (S.C. Code § 62-3-1201): a self-help route with NO personal representative appointed. Thirty days after death, a claiming successor presents an affidavit — countersigned by the probate judge — stating that the value of the entire probate estate (property passing by will plus by intestacy), wherever located, less liens and encumbrances, does not exceed forty-five thousand dollars, that 30 days have elapsed, and that no application or petition for appointment of a personal representative is pending or has been granted. (2) Summary administrative procedure (S.C. Code § 62-3-1203): used AFTER a personal representative is appointed. If the inventory and appraisal show 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, the personal representative — after publishing notice to creditors under § 62-3-801 but without additional notice — may immediately disburse and distribute the estate and close it by sworn statement under § 62-3-1204. The affidavit route needs no appointment; the summary procedure runs inside an opened estate. The threshold reported here is net of liens and encumbrances.
Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.
Threshold evidence and currency
Currency: No later session-law supersession is recorded in the reviewed source set for this threshold. The edition/currentness label below is the basis for the published figure.
Controlling citation: S.C. Code § 62-3-1201 — 2025 Act No. 26 (H.3472), SECTION 1, eff May 8, 2025.
Verbatim threshold text from that source:
state that the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), wherever located, less liens and encumbrances, does not exceed forty-five thousand dollars
The headline limit is not a count of everything the person owned. It is a test of the property and deductions named by this procedure. Classify title and beneficiary status first; property that transfers by a valid survivorship right, beneficiary designation, or funded trust follows its own transfer path.
This screen counts the probate estate within the statute’s stated scope, not merely cash accounts. Solely owned real property can therefore affect the amount test. That does not necessarily mean the same simplified procedure transfers the house; counting scope and transfer authority are separate questions.
The reviewed value basis subtracts enforceable liens and encumbrances. Enter the asset value and the lien separately. An unsecured bill is not a lien against an asset unless this state separately requires it as an input.
The reviewed route requires 30 days after death before the affidavit or petition can be used. That is a minimum timing condition, not a promise that the institution or court completes the transfer on that day.
Assemble the death date, will status, asset titles, beneficiary confirmations, values, enforceable liens, family facts, and any prior court filing before signing anything. Then use the court publisher’s current artifact for the selected route.
Probate is heard in the county Probate Court. The filing fee is a statewide graduated schedule (§ 8-21-770); the small-estate affidavit threshold ($45,000) is net of liens and encumbrances.
If the state publishes no statewide form, that is a finding—not a missing link. Contact the Probate Court or clerk in the proper county for its packet and current filing instructions rather than borrowing an unofficial form from another county.
This is general information, not legal, tax, or financial advice, and it does not create an attorney-client relationship. Probate law varies by state and county and changes over time. Verify the current rule with the court or a licensed attorney in the relevant state.
South Carolina eligibility map
The South Carolina threshold is one screen, not a complete legal conclusion. This map pairs the recorded ceiling with the property scope, deductions, date, and court artifact that have to be checked before relying on a likely-qualifies result.
| Question | Recorded South Carolina answer | Carry into the case |
|---|---|---|
| What route is being screened? | Collection of personal property by affidavit (S.C. Code § 62-3-1201); small-estate summary administrative procedure (S.C. Code § 62-3-1203) | Confirm that the will, prior appointment, family facts, and asset titles fit this route. |
| What property and basis count? | probate property within the rule's stated scope; net of enforceable liens and encumbrances. | Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately. |
| What is the amount screen? | $45,000 | Use the counted property, not a bank-balance shortcut. |
| What is the time or deadline record? | 30 days after death; South Carolina runs separate, differently-triggered deadlines: a publication bar of eight months from first publication of notice (§ 62-3-801), an actual-notice bar (the earlier of one year from death or 60 days from mailing), and an outer non-claim limit of one year after death (§ 62-3-803). These cannot be reduced to one number; the operative bar depends on which notice trigger applies. | Keep the event that starts each clock with the date; do not combine separate periods into one number. |
| What does the cost record establish? | 1 published schedule; the proceeding and value basis control the total. | Ask the Probate Court about local surcharges, copies, publication, bond, and later filings. |
| What does compensation use? | S.C. Code § 62-3-719 caps the personal representative’s commission at five percent (5%) of the appraised value of the personal property of the probate estate PLUS the sale proceeds of real property received on court- or will-directed sales; the minimum commission is fifty dollars. Separately, the PR may receive not more than five percent of the income earned by the probate estate. The base for the 5% is appraised personalty plus realty-sale proceeds — not the value of unsold real property. The relevant base is gross probate property. | Keep the will, task log, receipts, and accounting base together; extraordinary work is separate. |
Eligibility inputs
A threshold is useful only when the amount is measured the way the source describes. Keep this table with the asset worksheet so an empty or misclassified field cannot look like a confirmed qualification.
| Input | Registry record |
|---|---|
| Threshold | $45,000 |
| Property scope | probate property within the rule's stated scope |
| Value basis | net of enforceable liens and encumbrances |
| Waiting period | 30 days after death |
| Required extra facts | None listed in the registry |
Case-file context
A route answer is easier to use when the facts that can change it stay in the same record. These are the reviewed South Carolina descriptions adjacent to this page\'s main question; they are not a substitute for the source quotations or the receiving court\'s instructions.
S.C. Code § 8-21-770 sets a statewide graduated Probate Court filing fee based on the gross value of the decedent’s probate estate: $25 under $5,000; $45 for $5,000–<$20,000; $67.50 for $20,000–<$60,000; $95 for $60,000–<$100,000; for $100,000–<$600,000, $95 plus 0.15% of the value between $100,000 and $600,000; and for $600,000+, the item-(5) amount plus one-fourth of one percent of value above $600,000.
1 published schedule; the proceeding and value basis control the total.
S.C. Code § 62-3-719 caps the personal representative’s commission at five percent (5%) of the appraised value of the personal property of the probate estate PLUS the sale proceeds of real property received on court- or will-directed sales; the minimum commission is fifty dollars. Separately, the PR may receive not more than five percent of the income earned by the probate estate. The base for the 5% is appraised personalty plus realty-sale proceeds — not the value of unsold real property.
S.C. Code § 62-3-719 caps the personal representative’s commission at five percent (5%) of the appraised value of the personal property of the probate estate PLUS the sale proceeds of real property received on court- or will-directed sales; the minimum commission is fifty dollars. Separately, the PR may receive not more than five percent of the income earned by the probate estate. The base for the 5% is appraised personalty plus realty-sale proceeds — not the value of unsold real property. The relevant base is gross probate property.
South Carolina runs separate, differently-triggered deadlines: a publication bar of eight months from first publication of notice (§ 62-3-801), an actual-notice bar (the earlier of one year from death or 60 days from mailing), and an outer non-claim limit of one year after death (§ 62-3-803). These cannot be reduced to one number; the operative bar depends on which notice trigger applies.
Court-material note: Probate is heard in the county Probate Court. The filing fee is a statewide graduated schedule (§ 8-21-770); the small-estate affidavit threshold ($45,000) is net of liens and encumbrances.
Arithmetic illustration
The recorded South Carolina ceiling is $45,000, and it is tested against probate property within the rule's stated scope, on a basis this site records as net of enforceable liens and encumbrances. Counted that way, $33,800 sits below the South Carolina figure and $56,300 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what South Carolina counts and how it values it are decided before the comparison is made.
| Illustrative counted amount | Comparison to the South Carolina ceiling | What it does not decide |
|---|---|---|
| $33,800 | Below $45,000 | Title, liens, waiting period, appointment, or creditor duties |
| $56,300 | Above $45,000 | Whether another statutory route or court process applies |
Next evidence to collect
Official material
Probate is heard in the county Probate Court. The filing fee is a statewide graduated schedule (§ 8-21-770); the small-estate affidavit threshold ($45,000) is net of liens and encumbrances.
Source trail
Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.
Reviewed source note: state that the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), wherever located, less liens and encumbrances, does not exceed forty-five thousand dollars
What this means: Threshold $45,000 measured on the entire probate estate less liens and encumbrances (net-of-liens). 2025 Act No. 26 confirms current text — no stale session-law trap.