Form 420ES "Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding" - South Carolina

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  1. South Carolina Small Estate Affidavit Form: What Is It?
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  4. How to File a Small Estate Affidavit in South Carolina?

South Carolina Small Estate Affidavit Form: What Is It?

For residents of South Carolina, a South Carolina Small Estate Affidavit Form is a legal document which provides an heir with legal permission to inherit a small estate after a decedent has passed away. The biggest advantage of using the form is that it skips the probate process in court which in almost all cases will take up a considerable chunk of time.

Alternate Names:

  • Form 420ES;
  • Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding.

When a South Carolina Small Estate Affidavit is formed and signed, the inheriting party should ensure that the assets of the small estate have a total value that is not bigger than the permitted amount which is decided by the state.

A fillable South Carolina Small Estate Affidavit can be downloaded by clicking the link below.

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How to File a Small Estate Affidavit in South Carolina?

In South Carolina, there are laws concerning this form and these laws will vary between states. We have collected a list of the most important laws that you need to take into account before you file the document:

  • All states have a minimal time period that needs to pass after the decedent has passed. In South Carolina, this time period is thirty days;
  • The maximal total value of assets within the small estate should not be any greater than twenty-five thousand dollars;
  • The document should be signed by the individual claiming the assets before a notary public;
  • Once these steps are completed, the form should be sent to probate for evaluation by the judge.

When filing a Small Estate Affidavit in South Carolina, you should know that it is an extremely easy procedure providing that you are aware of the various steps that need to be taken. Knowing this information will ensure that your form is accepted without any hassle.

The most important information that you should be aware of is detailed below:

  • Prior to commencing the filing process, you should be certain that the minimal time period has passed. This is thirty days in South Carolina;
  • You should confirm that there are no people applying to be a personal representative;
  • Download the affidavit form and fill it in;
  • Once this is done (and signed appropriately) all that is left to do is to file the small estate affidavit to the local probate court.
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Download Form 420ES "Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding" - South Carolina

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STATE OF SOUTH CAROLINA
)
IN THE PROBATE COURT
)
COUNTY OF: _____________________________
)
)
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY
)
PURSUANT TO SMALL ESTATE PROCEEDING
IN THE MATTER OF:
)
_________________________________________
)
CASE NUMBER: ____________________________________
(Decedent)
)
The undersigned states as follows:
Decedent’s Information:
1.
Full Legal Name
(include all known names):
Date of Birth:
Date of Death:
Age at date of Death:
2.
Decedent was domiciled in this county at date of death:
Address: __________________________________________________________________________________________
County: ______________________________________ State: South Carolina.
Decedent was not domiciled in South Carolina, but probate property of Decedent was located in this county at date
of death at:
Address: __________________________________________________________________________________________
County: ______________________________________ State: South Carolina.
If the above address is the address of a nursing home, prison, or other residential facility, please give the last address of
the Decedent prior to entering the facility: ________________________________________________________________
__________________________________________________________________________________________________
3. More than thirty (30) days have passed since the Decedent’s death.
4. No Application or Petition for the appointment of a Personal Representative is pending or has been granted in any
jurisdiction.
5. This affidavit is pursuant to SCPC 62-3-1201. The successor(s) named herein is/are entitled to the payment of any sums of
money due and owing to the Decedent, and to the delivery of all probate tangible personal property belonging to the
Decedent and in the possession of another, and to the delivery of all instruments evidencing a debt, obligation, stock, or
chose in action belonging to the Decedent in the following proportions. Names and addresses of the Decedent’s successors
(Example: heirs or devisees) are:
Name of Successor*
Address
Year of
Relationship
Percentage
Birth
Interest/
Amount
See attached sheets for additional successors (check if applicable)
(*For this purpose, successors include any person(s) who has/have paid reasonable funeral expenses;
attach proof of payment.)
Form #420ES (04/2017)
Page 1 of 2
62-3-1201, 62-3-1202
STATE OF SOUTH CAROLINA
)
IN THE PROBATE COURT
)
COUNTY OF: _____________________________
)
)
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY
)
PURSUANT TO SMALL ESTATE PROCEEDING
IN THE MATTER OF:
)
_________________________________________
)
CASE NUMBER: ____________________________________
(Decedent)
)
The undersigned states as follows:
Decedent’s Information:
1.
Full Legal Name
(include all known names):
Date of Birth:
Date of Death:
Age at date of Death:
2.
Decedent was domiciled in this county at date of death:
Address: __________________________________________________________________________________________
County: ______________________________________ State: South Carolina.
Decedent was not domiciled in South Carolina, but probate property of Decedent was located in this county at date
of death at:
Address: __________________________________________________________________________________________
County: ______________________________________ State: South Carolina.
If the above address is the address of a nursing home, prison, or other residential facility, please give the last address of
the Decedent prior to entering the facility: ________________________________________________________________
__________________________________________________________________________________________________
3. More than thirty (30) days have passed since the Decedent’s death.
4. No Application or Petition for the appointment of a Personal Representative is pending or has been granted in any
jurisdiction.
5. This affidavit is pursuant to SCPC 62-3-1201. The successor(s) named herein is/are entitled to the payment of any sums of
money due and owing to the Decedent, and to the delivery of all probate tangible personal property belonging to the
Decedent and in the possession of another, and to the delivery of all instruments evidencing a debt, obligation, stock, or
chose in action belonging to the Decedent in the following proportions. Names and addresses of the Decedent’s successors
(Example: heirs or devisees) are:
Name of Successor*
Address
Year of
Relationship
Percentage
Birth
Interest/
Amount
See attached sheets for additional successors (check if applicable)
(*For this purpose, successors include any person(s) who has/have paid reasonable funeral expenses;
attach proof of payment.)
Form #420ES (04/2017)
Page 1 of 2
62-3-1201, 62-3-1202
6. The value of the entire probate estate wherever located, less liens and encumbrances, does not exceed Twenty-Five
Thousand Dollars ($25,000.00) and does not include any interest in real property as indicated below:
Bank account
$
Bank Name:
Type of Account:
Stock
$
Company Name:
# of shares:
Unclaimed Property
$
From:
Motor Vehicle :
$
VIN:
YR/MAKE:
MODEL:
Mobile Home:
$
VIN:
YR/MAKE:
MODEL:
Boat/Motor/Trailer:
$
VIN:
YR/MAKE:
MODEL:
Life Insurance to estate:
$
Company Name:
Other Property (specify):
$
LIENS/ENCUMBRANCES against above assets (attach proof of encumbrance): $ _________________________________
See attached sheet for additional assets/ encumbrances (check if applicable)
VERIFICATION
The undersigned, being sworn, states:
That the facts set forth in the foregoing statements are true to the best of the
undersigned's knowledge, information and belief; and the undersigned hereby submits to the Court's jurisdiction in this matter.
SWORN to before me this
day of
Affiant Signature:
, 20
Print Name:
Address:
Notary Public for South Carolina
Telephone (Work):
My Commission Expires:
(Home):
(Cell):
E-mail:
Relationship to Decedent/Estate:
ORDER FOR PAYMENT OR DELIVERY
It appears from the foregoing affidavit, the original of which is on file with the Probate Court of this county, that payment or
delivery of the property described herein should be made as follows:
Name of Successor(s)
Address
Relationship
Percentage
Interest/
Amount
Upon issuance of this Order, this matter is hereby closed.
IT IS SO ORDERED this _______ day of ___________________________, 20_________.
, Probate Court Judge
Note: No person who may act in reliance on this affidavit shall incur any liability to the estate of the Decedent.
Form #420ES (04/2017)
Page 2 of 2
62-3-1201, 62-3-1202
South Carolina Judicial Department South Carolina Legal Forms United States Legal Forms

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