Free South Carolina Affidavit of Heirship Form

Understanding the South Carolina Affidavit of Heirship Form

Probating the land of a loved one could be tricky, particularly when real estate and probate come into play. South Carolina has no statutory affidavit of heirship that directly transfers title of the real estate. However, heirs are also able to use small estate affidavits and easy probate procedures. Small estate tools controlled by state law provide greater access to property by heirs with more convenience, and the South Carolina Affidavit of Heirship Form is popularly followed and filed informally to record family relations. The processes have helped families in Charleston, Columbia and Greenville to circumvent lengthy probate.

What Is an Affidavit of Heirship Form in South Carolina?

An Affidavit of Heirship is a sworn declaration that determines the heirs and their rights to inheritance. It is not always a statutory alternative to probate, where real estate passes, but may be filed in county property records to be used to create a family chain or help title insurers. A format of legal heir affidavit is sometimes prepared by an attorney to record family history, and one must be aware that such does not necessarily convey marketable title. Rather, legal transfers can necessitate small estate procedures or probate.

Small Estate Affidavit – Personal Property

• Under S.C. Code § 62-3-1201 to 1202, heirs may use a Small Estate Affidavit to claim personal property. This process is available when:

  • The estate’s total value (after deducting liens) is $25,000 or less. Beginning May 8, 2025, the limit increases to $45,000.

  • At least 30 days have passed since death.

  • No personal representative has been appointed or is pending.

  • The probate court approves the affidavit.

The affidavit covers tangible personal property, debts owed to the decedent, stocks, and similar assets. Once approved, heirs may present the affidavit and collect property from banks or institutions. For example, heirs in Rock Hill or Spartanburg often use this procedure to transfer a vehicle or release small financial accounts. Institutions are legally protected from liability once they comply.

Summary Administration for Small Estates

There is also Summary Administration under S.C. Code 62-3-1203 to 1204. This simplified procedure may be used when the estate, with the funeral, medical and other costs deducted, is not more than $25,000 (increasing to $45,000 in 2025). An estate administrator is elected, such as for the immediate distribution of assets, as well as the calculation of a closing declaration before the court.

This is a faster process than formal probate, since it involves publication to creditors but no long hearings. Summary administration is commonly used by families in Florence or Summerville in case there is modestly declared real estate on top of personal assets.

No Statutory Heirship Affidavit for Real Estate

The state of South Carolina does not permit a statutory affidavit of heirship to pass title to land. Although heirs will occasionally document informal affidavits or certified death certificates in a property record, such documents have no force of law. They can be useful to title insurers or as evidence of family history, but not ownership. Heirs generally require either probate, summary administration, or quiet-title action to transfer such land. As an example, heirs in Myrtle Beach or Hilton Head, upon filing record-keeping episodes, such as affidavits, still need the court in order to get an enforceable title.

Why Use These Affidavits?

• Even though limited in scope, affidavits can help heirs by:

  • Providing a simplified way to claim personal property.

  • Establishing heirship relationships for financial institutions.

  • Supporting title companies with documentation.

  • Reducing the need for prolonged probate in qualifying estates.

For instance, a family in Columbia may use the small estate affidavit to release bank funds, while heirs in Greenville may rely on summary administration for closing an estate with modest real property.

Steps to Complete the South Carolina Affidavit of Heirship Form

• 1. Gather Information – Obtain information regarding the decedent, heirs and the value of the estate.

  2. Prepare the Affidavit – Write out the form in a prescribed form of probate court or an attorney-prepared form of the affidavit of legal heir.

  3. Attach Supporting Documents – Include a certified death certificate and an inventory of assets.

  4. Notarise the Affidavit – Ensure it is signed in front of a notary public.

  5. File or Present – Have the affidavit approved by the probate courts or place it in the county property records when being informally used in real estate.

Common Questions

1. Can the South Carolina Affidavit of Heirship Form transfer real estate?
No. Real estate requires probate, summary administration, or a court order.

2. What is the value limit for small estate procedures?
Currently $25,000, increasing to $45,000 in May 2025.

3. Is a format of legal heir affidavit enforceable?
It can clarify heirship, but it is not a statutory substitute for probate.

4. What is the difference between a small estate affidavit and summary administration?
The small estate affidavit covers personal property, while summary administration may include all assets within the value limit.

Create and obtain a legally correct South Carolina Affidavit of Heirship Form at this legal forms website. The application of the right form of legal heir affidavit will help to abide by the state requirements and offer heirs a useful instrument in the management of estate affairs.