South Carolina § 62-3-1203 - Small estates; summary administrative procedure.

§ 62-3-1203. Small estates; summary administrative procedure.

(a) If it appears from the inventory and appraisal that the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), less liens and encumbrances, does not exceed forty-five thousand dollars and exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, after publishing notice to creditors pursuant to Section 62-3-801, but without giving additional notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 62-3-1204.

(b) If it appears from an appointment proceeding that (1) the appointed personal representative, individually or in the capacity of a fiduciary, is either the sole devisee under the probated will of a testate decedent or the sole heir of an intestate decedent, or (2) the appointed personal representatives, individually or in their capacity as a fiduciary, are the sole devisees under the probated will of a testate decedent or the sole heirs of an intestate decedent, the personal representative, after publishing notice to creditors as under Section 62-3-801, but without giving additional notice to creditors may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 62-3-1204.

HISTORY: 1986 Act No. 539, SECTION 1; 1990 Act No. 521, SECTION 69; 2013 Act No. 100, SECTION 1, eff January 1, 2014; 2025 Act No. 26 (H.3472), SECTION 2, eff May 8, 2025.

Effect of Amendment

The 2013 amendment rewrote the section.

2025 Act No. 26, SECTION 2, in (a), substituted "forty-five thousand dollars" for "twenty-five thousand dollars".