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Committee raises small‑estate threshold to $45,000, citing probate burden
Summary
The subcommittee approved H.3472 to raise the small-estate summary threshold from $25,000 to $45,000 and increase surviving-spouse exemptions, with bar representatives saying the change will reduce probate burdens on families and courts.
The Senate Judiciary subcommittee voted to report H.3472 favorably after bar representatives said raising the small-estate threshold would reduce unnecessary full probates and ease pressure on courts.
Miss Minton, chair of the legislative committee of the Probate Estate Planning and Trust Section of the South Carolina Bar, told the committee her section supports increasing the small-estate affidavit threshold from $25,000 to $45,000 and making conforming changes throughout the probate code. "Oftentimes, we have a car that's left in the estate and we have to get that car probated, because our cars are more expensive now," Minton said, urging the change to reduce burden on grieving families and an already inundated probate system.
Committee members expressed support and moved the bill forward by voice vote. The bill also would raise the exempted property amount for a surviving spouse from $25,000 to $45,000, a detail the presenter said is included as a conforming change.
The transcript records a voice vote advancing the bill but does not include a roll-call tally. The subcommittee will report H.3472 to the next stage for further consideration.
