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