South Carolina legislators propose increasing small estate limit from $25K to $45K

On March 27, 2025, the South Carolina Senate Judiciary Committee convened to discuss significant amendments to the state's probate code, focusing on two key bills aimed at easing the burdens of estate management for families and enhancing the state's appeal for trust establishment.

The first bill proposed an increase in the limit for small estates eligible for summary probate procedures from $25,000 to $45,000. This change is designed to alleviate the administrative burden on families dealing with the loss of a loved one, particularly as the value of common assets, such as vehicles, has risen. Senator from Richland emphasized the necessity of this amendment, stating it is "long overdue" and crucial for reducing the strain on both families and the probate courts, which are currently overwhelmed with cases.

Marshall Minton, chair of the legislative committee of the probate estate planning and trust section of the South Carolina Bar, supported the bill, highlighting that the increase would help streamline the probate process and lessen the emotional and financial toll on grieving families. The committee unanimously favored the bill, indicating strong bipartisan support for the proposed changes.

The second bill discussed was House Bill 3432, which seeks to amend the uniform statutory rule against perpetuities, extending the period for non-vested property interests from 90 years to 360 years. This change aligns South Carolina with a growing trend among states to allow longer durations for trusts, which can benefit families looking to preserve wealth across generations. Minton explained that many clients are currently hesitant to establish dynasty trusts in South Carolina due to the existing limitations, leading some to relocate their assets to states with more favorable laws.

The rationale behind the proposed extension is to facilitate estate planning that can accommodate multiple generations, thereby retaining wealth within the state. The committee discussed the potential economic benefits of attracting families back to South Carolina for trust establishment, which could result in increased resources and assets remaining within the state.

In conclusion, the discussions during the Senate Judiciary Committee meeting highlighted a proactive approach to modernizing South Carolina's probate laws. By addressing the needs of families and adapting to contemporary estate planning practices, these legislative changes aim to enhance the efficiency of the probate process and strengthen the state's position as a favorable jurisdiction for trust management. The committee's support for both bills suggests a commitment to improving the legal framework surrounding estate planning in South Carolina, with further discussions anticipated as the legislative process unfolds.