What is a small estate affidavit?

A small estate affidavit is a legal document used in South Carolina to settle the estate of a deceased person who did not have a will. To be eligible to use a small estate affidavit, the deceased person must not have owned more assets than the state’s threshold amount, which is $25,000 as of 2020. A small estate affidavit is filed with the probate court in the county where the deceased lived. The affidavit must be signed by the decedent’s immediate family members, verifying that they agree to the distribution of the estate. The family members must also provide proof of the decedent’s death using a valid death certificate. Once the probate court has approved the affidavit, family members can collect the estate’s assets, such as money, property, and other valuables. The small estate affidavit is a cost-effective and efficient way for families to settle the estate of a loved one without having to go through a lengthy and expensive probate process. Any disputes concerning the distribution of the estate must be settled outside of the probate court. Additionally, the family members who signed the affidavit may be liable for any debts or unpaid taxes that the decedent left behind.

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What is a small estate affidavit?

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