Affidavits and Simplified Probate

[DocPit45]

What is the name of your state? South Carolina

For small estates, as alternatives to normal probate, South Carolina allows a beneficiary to claim assets through either an affidavit or simplified probate. According to Nolo, "You can use the simplified small estate process in South Carolina if the value of property passing by will or under state law, less liens and encumbrances, is $25,000 or less ..." I read this to mean that if the bulk of my estate was transferred to my heirs through a trust, they could still use an affidavit or a simplified probate to claim, say, an automobile that was valued at or below $25K. Only the automobile would constitute "property passing by will or under state law." Am I correct?

 

[adjusterjack]

Yes. Anything owned by the trust is not part of the probate estate.

Consider having the trust own the vehicle.

Also consider a "pour over" will as a catchall for unspecified items pour over into the trust. It's possible to avoid even small estate probate.

 

[zddoodah]

I read this to mean that if the bulk of my estate was transferred to my heirs through a trust, they could still use an affidavit or a simplified probate to claim, say, an automobile that was valued at or below $25K. Only the automobile would constitute "property passing by will or under state law." Am I correct?

That "the bulk of [your] estate" might be transferred via trust doesn't mean you won't have assets that are part of your probate estate that are worth more than $25k. Your probate estate includes assets not held by one of the following means: (1) jointly with someone else with the right of survivorship; (2) in an account that designates a pay-on-death beneficiary; and (3) in a trust.

 

[TrustUser]

in california, you can have a transfer on death for an automobile. i just dont like a vehicle placed in a trust

hopefully someone here knows whether that is possible in your state

 

[adjusterjack]

There doesn't seem to be anything on the SCDMV website about inherited vehicles so my guess is that the vehicle will have to be probated using the small estate affidavit:

https://www.sccourts.org/forms/pdf/420ES.pdf

Whether that flies with the DMV on a car title is anybody's guess. The heir may still have to be appointed as representative of estate in order to be able to sign the title over as representative of the estate.