Quick answer: personal property (after liens) at or under $45,000, no personal representative appointed, 30 days passed — collection by affidavit. Any real estate involved, or personal property above $45,000 — full probate. Check your own numbers with the South Carolina small estate checker.
Any real property blocks the whole affidavit, not just the transfer
Vehicle titling can quietly skip the whole question
If a vehicle was titled jointly with "or" between the names, the surviving spouse can transfer the title directly at SCDMV with a certified death certificate and photo ID — no probate or affidavit needed at all, since that specific titling already carries built-in survivorship.
Bond can be waived even in full probate
Bond isn't required by default in several enumerated cases, and can be waived more broadly when the gross estate is under $20,000, the personal representative certifies the estate can pay its claims and personally accepts liability for negligence or misconduct, and all known beneficiaries agree in writing to the waiver.
What skips probate before any threshold matters
Joint accounts, assets with named beneficiary designations, and property held in a trust all pass outside of probate entirely — on top of the separate question of whether collection by affidavit applies to whatever personal property remains.
The decision, in order
- Is the asset jointly titled with survivorship, or has a named beneficiary, or is in a trust? → Skips probate entirely.
- Is there any real estate remaining in the decedent's name? → Full probate required, regardless of value.
- Personal property (after liens) at or under $45,000, no personal representative appointed, 30 days passed? → Collection by affidavit.
- None of the above fits → Full probate.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing happens with the Probate Court in the decedent's county — Greenville, Charleston, and Richland County among the busiest.