South Carolina Small Estates: The maximum value of the probate estate must be under $25,000.00 in order to qualify for small estate administration.
Legal Procedures for Small Estate Administration
There are three procedures for the more simple administration of the small estates, with the last of the three avoiding even opening the estate at all:
- Under the first procedure, if the administration of an estate commenced in a normal fashion and the value of the entire probate estate is $25,000.00 or less, the personal representative need only give notice to creditors required by Section 62-3-801 before distributing the estate to the persons it is entitled to and filing a closing statement as provided in 62-3-1204. (S.C. Code Ann. § 62-3-1203(a)).
- Under the second procedure, summary administration, if the relevant fillings in an appointment proceeding disclose that either the sole personal representative is also the sole heir/devisee, or if there are multiple personal representatives and devisees who are identical, or even if there are devisees who are not originally personal representatives but who are nominated to be additional personal representatives under Section 62-3-203(a)(8), the personal representative(s) need only give notice to creditors under Section 62-3-801 and filing a closing statement as provided in Section 62-3-1204.
- Under the third procedure, Collection of personal property by affidavit, if the value of the entire probate estate is $25,000.00 or less, thirty days has elapsed since the decedent died, and there has been no petition for appointment of a personal representative in any jurisdiction, than an affidavit stating that the successor of the decedent is entitled to payment or delivery of tangible or intangible property of the decedent operates to require that transfer. The affidavit must state the statutorily required affirmations; approved and countersigned by the probate judge; and filed with the probate court. (S.C. Code Ann. § 62-3-1201).
Probate Lawyer for Summary Administration
Even a small estate or summary administration can have pitfalls and traps for the unwary. An experienced probate attorney can help navigate the legal process and offer advice on which method of administration would be the most efficient and effective way to probate a loved ones estate in South Carolina.
Contact a SC probate lawyer at (803) 351-3597 to find out if summary administration or a small estate is the correct probate procedure for your loved ones probate.
 S.C. Code Ann. § 62-3-1203(b).
 S.C. Code Ann. § 62-3-1201.