About Exempt Property Claim
Allows a surviving spouse or minor/dependent children to claim up to $45,000 in household furniture, automobiles, and personal effects from the decedent's estate with priority over most creditor claims.
When you'd use it: File with the probate court within the later of eight months after the decedent's death or six months after probate of the will.
Where to get the official form
The official version of Exempt Property Claim is published as a PDF by the South Carolina courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Verified official PDF
Download Exempt Property Claim (PDF) →
Source: sccourts.org
Link last checked: May 30, 2026
How to file Exempt Property Claim in South Carolina
- Step 1 — Confirm you have the correct formUse Exempt Property Claim (SCCA 435ES) when file with the probate court within the later of eight months after the decedent's death or six months after probate of the will. Double-check it's the right form for your situation — South Carolina probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Exempt Property Claim carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Exempt Property Claim to the probate court or county clerk handling the estate — usually in the South Carolina county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).