South Carolina H 3472: Small Estates

Bill Text

2025-2026 Bill 3472 Text of Previous Version (Apr. 16, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3472

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Committee Report

April 16, 2025

H. 3472

Introduced by Reps. McCabe, W. Newton, Pedalino, 
Hixon, Gibson, Gagnon, Calhoon, Mitchell, Yow and Ligon 

S. Printed 4/16/25--S.

Read the first time February 18, 2025

________

The committee on Senate Judiciary

To whom was referred a Bill (H. 3472) to amend 
the South Carolina Code of Laws by amending Section 62-3-1201, relating to 
collection of personal property by affidavit, so as to increase the limit of, etc., 
respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

LUKE RANKIN for Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 62-3-1201, RELATING TO COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO 
AS TO INCREASE THE LIMIT OF AN ESTATE TO FIFTY THOUSAND DOLLARS; BY AMENDING SECTION 
62-3-1203, RELATING TO SMALL ESTATES AND SUMMARY ADMINISTRATIVE PROCEDURE, SO 
AS TO INCREASE THE LIMIT OF AN ESTATE TO FIFTY THOUSAND DOLLARS; AND BY 
AMENDING SECTION 62-3-1204, RELATING TO SMALL ESTATES AND CLOSING BY SWORN 
STATEMENT OF PERSONAL REPRESENTATIVE, SO AS TO INCREASE THE LIMIT OF AN ESTATE 
TO FIFTY THOUSAND DOLLARS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 62-3-1201 of the S.C. Code is amended to read:

 Section 
62-3-1201. (a) Thirty days after 
the death of a decedent, any person indebted to the decedent or having 
possession of tangible personal property or an instrument evidencing a debt, 
obligation, stock, or chose in action belonging to the decedent shall make 
payment of the indebtedness or deliver the tangible personal property or the 
instrument evidencing the debt, obligation, stock, or chose in action to a 
person claiming to be the successor of the decedent upon being presented an 
affidavit made by or on behalf of the successor. Before this affidavit may be 
presented to collect the decedent's personal property, it must:

 (1) 
state that the value of the entire probate estate (the decedent's property 
passing under the decedent's will plus the decedent's property passing by 
intestacy), wherever located, less liens and encumbrances, does not exceed twenty-five 
forty-five thousand dollars;

 (2) 
state that thirty days have elapsed since the death of the decedent;

 (3) 
state that no application or petition for the appointment of a personal 
representative is pending or has been granted in any jurisdiction;

 (4) 
state that the claiming successor, which for the purposes of this section 
includes a person who remitted payment for reasonable funeral expenses, is 
entitled to payment or delivery of the property;

 (5) 
be approved and countersigned by the probate judge of the county of the 
decedent's domicile at the time of his death, or if the decedent was not 
domiciled in this State, in the county in which the property of the decedent is 
located, and only upon the judge's satisfaction that the successor is entitled 
to payment or delivery of the property; and

 (6) 
be filed in the probate court for the county of the decedent's domicile at the 
time of his death, or, if the decedent was not domiciled in this State, in the 
county in which property of the decedent is located.

 (b) 
A transfer agent of any security shall change the registered ownership on the 
books of a corporation from the decedent to the successor or successors upon 
the presentation of an affidavit as provided in subsection (a).

SECTION 2. Section 62-3-1203 of the S.C. Code is amended to read:

 Section 62-3-1203. (a) 
If it appears from the inventory and appraisal that the value of the entire 
probate estate (the decedent's property passing under the decedent's will plus 
the decedent's property passing by intestacy), less liens and encumbrances, 
does not exceed twenty-five forty-five 
thousand dollars and exempt property, costs and expenses of 
administration, reasonable funeral expenses, and reasonable and necessary 
medical and hospital expenses of the last illness of the decedent, the personal 
representative, after publishing notice to creditors pursuant to Section 
62-3-801, but without giving additional notice to creditors, may immediately 
disburse and distribute the estate to the persons entitled thereto and file a 
closing statement as provided in Section 62-3-1204.

 (b) 
If it appears from an appointment proceeding that (1) the appointed personal 
representative, individually or in the capacity of a fiduciary, is either the 
sole devisee under the probated will of a testate decedent or the sole heir of 
an intestate decedent, or (2) the appointe