If you've ever helped settle a loved one's affairs after they pass away, you know how overwhelming the process can feel. Probate—the court-supervised way of transferring assets to heirs—can take time, cost money, and add stress during an already difficult period. The good news? South Carolina made things easier for many families last year with a helpful update to the law.

In May 2025, Governor Henry McMaster signed Act No. 26 into law. This change raised the "small estate" threshold from $25,000 to $45,000. For estates that qualify, families can now skip much of the formal probate process and handle things more quickly and affordably.

What Does "Small Estate" Mean, and How Does the New Limit Help?

In South Carolina, a small estate is one where the total value of the deceased person's personal property—things like bank accounts (with no named beneficiaries), vehicles, stocks, or household items—is $45,000 or less (after subtracting any debts or liens on those items). Real estate, such as a house or land, does not count toward this limit and usually requires separate handling.

Before the change, only estates worth $25,000 or less qualified for the simplified process. Now, with the higher $45,000 limit, more families can use one of two streamlined options:

1. Collection by Affidavit After waiting 30 days from the date of death, an heir (like a spouse or child) can fill out a simple sworn statement and present it directly to banks, brokerages, or others holding the assets. No court appearance or formal probate is needed in most cases.

2. Summary Administrative Procedure If a personal representative has already been appointed, they can wrap things up faster by distributing assets and filing a closing statement with the court—again, without the full probate timeline.

These options save time (often months) and reduce costs like court filing fees and attorney expenses.

Why This Matters for Lowcountry Families

Many of us in the Hilton Head and Bluffton area have worked hard to build comfortable lives, but not every estate includes millions in assets or complicated investments. For modest estates—perhaps a checking account, a car, some savings, and personal belongings—this new limit means less paperwork and fewer delays for grieving families.

It also protects privacy. Full probate records become public, but the small estate process keeps most details private.

A Few Important Notes

• The $45,000 limit applies only to personal property. If the person owned real estate in their name alone, full probate is usually still required for that property.
• Funeral expenses, final medical bills, and certain family allowances are deducted before calculating the estate value.
• Creditors must still be paid if they make a claim within the allowed time.

Even with these simpler rules, mistakes can cause delays or disputes. Getting the paperwork right from the start makes a big difference.

We're Here to Help

At Lowcountry Legal Solutions, LLC, we guide families through probate and estate settlement every day. Whether you're dealing with a small estate under the new limit or planning ahead to make things easier for your loved ones, we can help you understand your options.

If you have questions about how this change might affect your family, feel free to reach out for a consultation. We're based right here in the Lowcountry and focus on practical, compassionate advice tailored to your situation.

This blog post is for general information only and does not create an attorney-client relationship. Laws can change, so please contact us for advice specific to your circumstances.