Laws
- Days After Death – Thirty (30) days.[1]
- Maximum Amount ($) – $25,000.[2]
- Signing – This affidavit must be signed by both the affiant and a subscribing notary public or other individual authorized to take oaths. Then, it must also be admitted to probate by a probate judge.[3]
- Statutes – Title 62, Article 3, Part 12 (Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates)
How to File (4 steps)
2. No Personal Representative
Confirm that no personal representative has already been appointed or petitioned for by using the South Carolina Judicial Branch’s case records search tool.
4. File With Court
File the Affidavit with the Probate Court that has jurisdiction over the decedent’s final permanent address.