What is a Small Estate Proceeding?

A proceeding to distribute personal property and bank accounts, cash, tax refunds, unclaimed property, etc. to the Decedent’s lawful heirs without having to commence a full Estate probate administration.

What are the requirements?

• You may not use this proceeding to distribute REAL ESTATE. A full probate administration is necessary if the decedent owned any interest in any real estate.
• The Decedent must have been a Saluda County resident at death, AND
• 31 days has passed since the Decedent’s death, AND 
• The Decedent owned personal property with certificates of title such as cars, mobile homes, boats, AND/OR
• The Decedent had cash, bank account(s), unclaimed property https://treasurer.sc.gov/, patient account refunds, checks made payable to the Decedent, etc.
• All property described above must have a combined net value of $45,000 or less. (The value of the property at the time of death less liens).
• This proceeding cannot be used if the Decedent’s family needs to file suit on behalf of the Decedent.

Funeral Expense Reimbursement

• If this proceeding is filed for funeral expense reimbursement, the affiant must file a copy of an itemized statement of services confirming the amount paid by the affiant.

What happens next?

• Make an appointment
• File: Form 420 ES*

*Because this is a sworn statement, the person completing the affidavit is referred to as the affiant. The Affiant must be:

• Named in the Will; or, if no Will, must
  • Be an heir, (An heir is the Decedent’s family member who inherits when there is no Will.); or, the
  • Payer of the funeral expense
• File: Certified copy of Death Certificate Cause of death must not be in pending status.
• File: The Will, Codicils, Memoranda (Must be Originals, not copies) Any person in the possession of a Decedent’s Will must file the Will within 30 days of the date of death according to state law.
• File: copy of obituary or funeral program if available. If not available a Family Tree may be required.
• Pay: Filing Fees & Court Costs.

 After the above, what happens next?

• The documents are reviewed.
• If the filings are acceptable, the Judge will issue a Small Estate Order.
• The Court closes the case Upon issue of the Small Estate Order, the affiant may present the Small Estate Order to the asset holder, i.e. a bank, DMV for title transfers, etc.
• The asset holder distributes the asset(s) as required by the Order.

Are there fees to file a Will?

• The fee for Probating a Will is $10.00. 

How much are Court Costs?

• State law determines costs based on value of the property. See below chart. 

                    Property Value                Court Costs

                     $0 - $99.99                       $12.50

                     $100 - $4,999.99              $25.00

                     $5,000 - $19,999.99         $45.00

                     $20,000 - $45,000.00       $67.50

Make checks payable to Saluda County Probate Court.

What if I discover another asset?

Because there is a fee charged each time a small estate is re-opened, it is best to wait until you are sure there are no other assets to distribute. If the new asset & the assets previously distributed equal more than $45,000, a Full Estate Probate administration will be needed.

CONTACT:  If you have any questions about these instructions, please contact the Estate Clerk’s:
Joanna Wideman at j.wideman@saludacounty.sc.gov or 864-445-4500 Ext. 2219
Or Holly Wohlman at h.wohlman@saludacounty.sc.gov or 864-445-4500 Ext. 2219
 

PLEASE NOTE - The Probate Staff is NOT allowed to give legal advice.  We are here to accept the filing of documents and ensure the estate is handled appropriately.