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South Carolina Small Estate Affidavit | Form 420ES

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The South Carolina small estate affidavit, also known as the ‘Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding’ and ‘Form 420ES’, is used by a successor in interest to someone who has passed away to finalize a small estate by collecting and distributing assets while avoiding the complicated probate process. However, in order to use this process, certain requirements must be met. Firstly, the value of decedent’s personal property may not exceed $25,000. At least 30 days must have passed since decedent’s death and there cannot be any pending application for the appointment of a personal representative. The form must be filed in the Probate Court in the county in which decedent lived when he or she passed away or in which decedent had property.

Maximum – $25,000

LawsSection 62-3-1201

How to Write

Step 1 – At the top of the document, write in the county and the name of decedent.

Step 2 – Write in the following information for decedent:

  • Full legal name
  • Any other names by which decedent was known
  • Date of birth
  • date of death
  • age at date of death

Step 3 – Check the appropriate box that indicates the domicile at decedent’s death

Step 4 – In Section 5, write in the names of successors entitled to decedent’s property including name, year of birth, address, relationship to decedent and the percentage interest or amount successor is entitled to.

Step 5 – Write in the description of the property owned at time of death including market value not to exceed $25,000. Write in the amount of any liens or encumbrances.

Step 6 – Sign and date in front of a notary public.

Step 7 – File in the appropriate probate court.