Quick answer: once 30 days have passed and personal property, after liens and encumbrances, is at or under $45,000, file Form 420ES with the county Probate Court for the judge's approval. Check whether an estate qualifies with the South Carolina small estate checker.
Step by step
- Wait 30 days from the date of death.
- Confirm no personal representative has been appointed or has a pending appointment.
- Total the personal property, after subtracting liens and encumbrances.
- Exclude assets that pass outside probate — joint accounts, beneficiary designations, trust assets.
- Confirm the total is $45,000 or less.
- File Form 420ES with the county Probate Court.
The threshold uses net value, not the whole estate
No competing appointment can exist
No application for the appointment of a personal representative can already be pending or granted for the estate. If one exists, summary administration under a different section of the code applies instead of collection by affidavit.
County practice can add its own requirements
County Probate Court instructions decide the full packet and supporting records needed alongside Form 420ES — local practice can ask for documentation beyond the bare statutory minimum, so it's worth checking with the specific county's office.
A local probate attorney can review your estate — many offer a free consultation.
Greenville, Charleston, and Richland County each process Form 420ES through their own Probate Court, but the $45,000 threshold and 30-day wait apply identically statewide.