Recent legislative changes in South Carolina have made it easier for families to navigate the probate process, particularly in cases involving smaller estates. As of May 8, 2025, Act No. 26 (H.3472) increased the state’s small estate threshold from $25,000 to $45,000—offering a streamlined, more accessible path for estate administration and reducing the need for formal court proceedings in many cases.
This updated threshold applies to several aspects of the probate process, including the collection of personal property by affidavit, summary administrative procedures, and the exempt property allowance for surviving family members. For many, this means a less costly and less time-consuming experience when managing the affairs of a loved one.
One of the most significant changes comes in the form of a simplified process known as collection by affidavit, designed for the smallest and least complex estates. Under this method, if the value of the probate estate is $45,000 or less (after subtracting any liens or encumbrances), a rightful successor—such as a surviving spouse or child—may file a sworn affidavit with the probate court to collect assets. At least 30 days must have passed since the individual’s passing, and there must not be an open probate proceeding or appointed personal representative. Once approved, this affidavit can be presented to banks, the DMV, or other institutions to release assets without the need for a formal estate administration.
In cases where a formal appointment of a personal representative is necessary—such as when managing debts or more complex estate matters—the law now provides a simplified version of probate called summary administration. This option is available when the estate’s total value remains under $45,000, not including allowances for funeral expenses, final medical costs, and exempt property. Once appointed, the personal representative can promptly distribute assets, pay obligations, and file a closing statement without going through the longer procedures required in traditional probate.
Another important aspect of the new law is the increase in the exempt property allowance. This provision gives surviving spouses—or if none, the decedent’s minor children—the right to claim up to $45,000 in personal property from the estate. This can include items such as household furniture, appliances, automobiles, and other essential belongings. If the value of these items is less than the allowed amount, additional estate assets may be used to reach the $45,000 cap. What makes this particularly significant is that the exempt property allowance takes priority over most creditor claims, offering a greater level of financial protection to grieving families during an already difficult time.
Alongside these state-level changes, recent federal legislation has made the higher federal estate tax exemption permanent. The exemption, now set at $15 million per person and adjusted for inflation, offers added stability and planning opportunities for those with larger estates, enabling more wealth to be passed on to beneficiaries without triggering federal estate taxes.
Together, these changes reflect a broader shift toward a more accessible and equitable probate system—one that protects families and reduces the administrative burden on those left behind. Still, determining which process is appropriate, valuing the estate correctly, and understanding which assets fall under probate can be complex.
At The Floyd Law Firm, we are committed to helping clients understand these decisions with confidence. Whether you’re settling a loved one’s estate or planning your own, our attorneys offer personalized guidance grounded in experience. We are here to ensure your interests are protected, your obligations are met, and your family’s future is secure.
For questions about South Carolina’s new probate laws, or to discuss your estate planning needs, contact our office today. We’re here to help you move forward.
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Probate & Estate Administration
Estate Planning, Wills and Trusts
