South CarolinaH 3472126th General Assembly (2025-2026)HouseWALLET

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 62-3-1201, RELATING TO COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO INCREASE THE LIMIT OF ESTATES TO FORTY-FIVE THOUSAND DOLLARS; BY AMENDING SECTION 62-3-1203, RELATING TO SMALL ESTATES AND SUMMARY ADMINISTRATIVE PROCEDURES, SO AS TO INCREASE THE LIMIT OF ESTATES TO FORTY-FIVE THOUSAND DOLLARS; BY AMENDING SECTION 62-3-1204, RELATING TO SMALL ESTATES AND CLOSING BY SWORN STATEMENT OF PERSONAL REPRESENTATIVES, SO AS TO INCREASE THE LIMIT OF ESTATES TO FORTY-FIVE THOUSAND DOLLARS; AND BY AMENDING SECTION 62-2-401, RELATING TO EXEMPT PROPERTIES, SO AS TO INCREASE THE LIMIT OF EXEMPT PROPERTIES TO FORTY-FIVE THOUSAND DOLLARS.

Sponsored By: Donald Ryan McCabe, Jr. (Republican)

Signed by Governor

Summary

Small Estates

Personalized for You

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Faster probate and $45,000 exempt property

Effective May 8, 2025, South Carolina raises its small‑estate limit to $45,000. With a sworn affidavit, you can collect the decedent’s personal property and transfer corporate securities 30 days after death, if the probate estate after liens is $45,000 or less and no personal representative filing is pending or appointed. After publishing the required creditor notice, a personal representative may immediately disburse and close such an estate, and the same immediate distribution rule applies when the representative is the sole heir or sole devisee. A surviving spouse—or if none, the minor or dependent children together—may claim up to $45,000 in furniture, a car, appliances, and personal effects, after subtracting liens; they may use other estate assets to reach that amount ahead of most claims.

Sponsors & Cosponsors

Sponsor

  • Donald Ryan McCabe, Jr.

    Republican • House

Cosponsors

  • Cody T. Mitchell

    Republican • House

  • Paula Rawl Calhoon

    Republican • House

  • Craig A. Gagnon

    Republican • House

  • Daniel Gibson

    Republican • House

  • William M. "Bill" Hixon

    Republican • House

  • Thomas R. "Randy" Ligon

    Republican • House

  • Fawn M. Pedalino

    Republican • House

  • Wm. Weston J. Newton

    Republican • House

  • Richard L. "Richie" Yow

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 137 • No: 0

Senate vote • 4/24/2025

(Small Estates)2nd Reading

Yes: 39 • No: 0

House vote • 2/13/2025

(Small Estates)Passage of Bill

Yes: 98 • No: 0

Actions Timeline

  1. Act No. 26

    5/16/2025legislature
  2. Effective date 05/08/25

    5/16/2025legislature
  3. Signed By Governor

    5/8/2025Governor
  4. Ratified R 44

    5/6/2025legislature
  5. Read third time and enrolled

    4/29/2025Senate
  6. Roll call Ayes-39 Nays-0

    4/24/2025Senate
  7. Read second time

    4/24/2025Senate
  8. Committee report: Favorable Judiciary

    4/16/2025Senate
  9. Referred to Committee on Judiciary

    2/18/2025Senate
  10. Introduced and read first time

    2/18/2025Senate
  11. Unanimous consent for third reading on next legislative day

    2/13/2025House
  12. Roll call Yeas-98 Nays-0

    2/13/2025House
  13. Read second time

    2/13/2025House
  14. Amended

    2/13/2025House
  15. Member(s) request name added as sponsor: Ligon

    2/13/2025House
  16. Committee report: Favorable with amendment Judiciary

    2/12/2025House
  17. Member(s) request name added as sponsor: C.Mitchell, Yow

    2/12/2025House
  18. Member(s) request name added as sponsor: Calhoon

    2/5/2025House
  19. Member(s) request name added as sponsor: Gibson, Gagnon

    1/29/2025House
  20. Member(s) request name added as sponsor: Pedalino, Hixon

    1/28/2025House
  21. Referred to Committee on Judiciary

    1/14/2025House
  22. Introduced and read first time

    1/14/2025House
  23. Referred to Committee on Judiciary

    12/5/2024House
  24. Prefiled

    12/5/2024House

Bill Text

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