South Carolina Probate Court Forms. The South Carolina Rules of Civil Procedure (SCRCP Rule 1 to 86
The South Carolina Rules of Civil Procedure (SCRCP Rule 1 to 86) apply to formal proceedings in the probate court (S. For more information please call toll-free the South Carolina Bar Law Line - Taxes at Death 1-800-521-9788 ext. STATE OF SOUTH CAROLINA IN THE PROBATE COURT COUNTY OF: Charleston ) ) ) ) IN THE MATTER OF: Lawrence Michael Joseph CASE NUMBER: 2014 ES10 0321 ) ) (Decedent) ) I acknowledge that the South Carolina Probate Code requires the Personal Representative (or any Successor) to file a full accounting in writing of his/her administration of the above estate, a proposal for distribution of assets not yet distributed, and proof that a notice of right to demand hearing have been sent to all interested persons, unless waived pursuant to §62-3-1001(e). 26 (H. By renouncing my right to serve as Personal Representative, I am informing the Court that I do not want to be the Personal Representative to administer the estate. For the reason 'Why you need a Will' please call the South Carolina Bar Law Line toll-free at 1-800-521-9788 ext. It serves as the primary office for probate-related issues, offering residents a central point for filings, hearings, and official records. A HEARING IN THE PROBATE COURT ON THE PETITION MAY BE REQUIRED. Common South Carolina Probate documents Will — a document outlining how a person's assets should be distributed. Apply here. After filing the Will, the proposed personal representative must complete and return Form 300 to the court to begin probate proceedings within 30 days. Aug 29, 2025 · Probate fees in South Carolina are the costs associated with administering an estate through the probate court system. INTRODUCTION If a person is substantially unable to handle his or her personal or financial affairs, it may be necessary to establish a guardianship and/or conservatorship through the Probate Court (hereinafter referred to as court) for the protection of that person and/or his assets. I want tube feeding to be provided within the standards of accepted medical practice, without regard to my condition, the chances I have for recovery, or the cost of the procedure, and without regard to whether other forms of life-sustaining treatment are being withheld or withdrawn. If The Decedent Had No Will: The person with priority to serve should attend the appointment. Fillable Online probate court worksheet Fax Email Print pdfFiller Horry county probate court, 1302 2nd avenue, conway, south carolina. Greenville County Local Forms This list can be sorted in ascending or descending order for either Form # or Form Name. Probate Court has original jurisdiction over actions concerning the issuance of marriage licenses, the estate of a deceased person, the will of an individual, the estate of a minor or incapacitated person, trusts, and involuntary commitments. Day | Monday, January 19 Aug 19, 2025 · Contact South Carolina Probate Court or a local probate attorney for the specific filing forms and deadlines in the county where the probate is filed. General Information and Form Instructions Estate Administration Forms City of Charleston City of Folly Beach City of Isle of Palms City of North Charleston Town of Awendaw Town of James Island Town of Kiawah Island Town of Lincolnville Town of McClellanville Town of Meggett Town of Mount Pleasant Town of Rockville Town of Seabrook Island Town of Sullivan's Island Learn how to complete South Carolina probate forms correctly. Due to a ransomware attack on Opening an Estate Filing Will and Probatings - The South Carolina (SC) Probate Code of Laws requires that the Last Will and Testament be delivered to the Probate Court within 30 days of the decedent’s death. Oct 2, 2025 · A last will and testament, or will, is a legal document outlining how an individual (testator) wants to transfer their assets after death. Here is a complete list of clerk of courts forms, documents and links Web find out what forms you need to complete and file with the court as a personal representative of an estate in horry county, south carolina. SCLS Staff Attorney Jessica Shultz, Esq. It can only be used for estates that are worth less than $45,000. Because our staff cannot provide legal advice, we recommend you consult with an attorney. Give general information about where to find court procedures, deadlines, rules, and practices. Jan 5, 2026 · You decide which form to use. 161. The Probate Court has jurisdiction over the probate of estates, issuing marriage licenses and marriage certificates, appointing and supervising guardians and conservators, approving minor and wrongful death settlements, and issuing Orders of Detention for alcohol/drug abuse and/or mental illness. NO State: South Carolina. Handles estate administration, estate and trust litigation, appointment of guardians and conservators, civil commitment, and issues marriage licenses. This affidavit is pursuant to SCPC 62-3-1201. The recused judge will provide a copy of the file to the special probate judge within 5 business days of receipt of the order. The South Carolina Department of Motor Vehicles (SCDMV) has instructions for title transfers after death: https://www. Oct 2, 2025 · A South Carolina small estate affidavit is a document that is used to claim property from a deceased person’s estate. Aug 6, 2025 · How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in South Carolina - Estate Planning information for South Carolina residents. VERIFICATION The undersigned, being sworn, states that the facts set forth in the foregoing statements are true to the best of the undersigned’s knowledge, information and belief; and hereby submits to the Court’s jurisdiction in this matter. The staff of the Probate Court will be pleased to provide information and assistance to the extent allowed by South Carolina law. All applicants must upload a valid photo ID and a document containing your social security number. Forms in a specific foreign language can be found by setting the Search by Form IDvalue to one of the language abbreviations shown below, and clicking the Search button. Need a Mccormick County probate bond or a South Carolina guardianship bond for this court? Get instant pricing and fast approval at ProbateCourtBond. This affidavit is pursuant to Section 62-3-1201 of the South Carolina Probate Code (Supp. (A full inventory and appraisement, Form #350PC, must be filed within 90 days. Prepare pleadings and requests for relief (partition by sale, orders authorizing estate sales, accounting requests). Day | Monday, January 19 To the best of the undersigned’s knowledge, this estate qualifies for administration under SCPC 62-3-1203 because: The value of the entire probate Estate of the Decedent as it appears on the Inventory and Appraisement, less liens and encumbrances, exempt property, costs, and expenses of administration, reasonable funeral expenses, and Jul 30, 2025 · Recent legislative changes in South Carolina have made it easier for families to navigate the probate process, particularly in cases involving smaller estates. In South Carolina, a guardianship The Chief Justice serves as the administrative head of the Unified Judicial System, overseeing the operation of South Carolina courts at all levels, as well as Judicial Branch operations and all Court boards, commissions, and committees. Copy of this law is available for viewing at the Probate Court or at the public library. Get answers and connect with experienced attorneys. I request that the Court (check all that apply) A. Petition for Probate — a request to the court to validate a will. Death Certificate - A copy of the The undersigned, being sworn, states that the facts set forth in the foregoing statement are true to the best of the undersigned’s knowledge, information and belief, and hereby submits to the Court’s jurisdiction in this matter. Decedent was not domiciled in South Carolina, but property of Decedent was located in this County at date of death at: Address: County: «CountyName» State: South Carolina Decedent has a right to take legal action in this County because: Chester County Probate Court, Post Office Drawer 580, Chester, SC 29706 803-385-2604 STATE OF SOUTH CAROLINA Welcome to the official website for Charleston County, SC Government. For questions or support, please contact Icon Software Toll Free at 800. If you see a social security number or sensitive information in the public records, please email us. I accept this appointment and agree to perform the duties and discharge the trust of the office of Personal Representative of this estate and to submit to the Court’s jurisdiction in this matter. If the Decedent was married, this is the spouse. PROBATE CODE See Title 62 Article 3 of the South Carolina Code for matters not included in these instructions. Court Forms 111 ES D Demand for Notice in an Estate (PDF) 111 ES W Waiver for Notice in an Estate (PDF) 113 ES DEMAND FOR HEARING 120 PC - Proof of Delivery (PDF) 305 ES - Information to Heirs and Devisees (PDF) 325 ES - Release Satisfaction of Claim (PDF) 329 ES - Application for Sale of Personal Property (PDF) Forms in a specific foreign language can be found by setting the Search by Form ID value to one of the language abbreviations shown below, and clicking the Search button. Year of birth for any minors. 160. Everything executors need to know, including access to South Carolina probate forms, connect with probate court, & other helpful tools. Need additional help? Atticus makes it easy to navigate the probate and estate settlement process from start to finish — see how it works. It appears from the foregoing affidavit, the original of which is on file with the Probate Court of this county, that payment or delivery of the property described herein should be made as follows: The Supreme Court of South Carolina RE: PROBATE COURT FORMS I FIND that due to the requirements of Act 244 of 2010 and upon recommendation of the Probate Judges Advisory Committee, revisions and updates to the following probate court forms are necessary: In addition, a Summons form for Probate Court, SCCA 401PC has been developed for The job of the Probate Court is to handle the administration of estates (property owned by the Decedent), and distribution of estate assets to heirs and devisees (persons/organizations designated to inherit in the Decedent’s Will). Aug 19, 2025 · South Carolina: Can a Prenuptial Agreement Affect a Life Estate or Your Share of an Estate? - Probate information for South Carolina residents. Below you will find links that allow you to download and use some of the more common SC probate forms (you may want to check with your local court for form preferences): Access Richland County Probate forms and understand related terms. Upon receipt of the file copies, the special probate judge will issue a new case number from their court for the appointed Instructions for Completing Form 300ES Application for Informal Probate of Will/Appointment Please review New Estate Flow Chart to determine if the estate can be opened using this form. ) If decedent was non-resident, please attach South Carolina Commission form ET 101. On this page: Forms from the South Carolina Judicial Branch website The library organized a list of forms made available on the SC Judicial Branch's Court Forms page. Please note the Court cannot provide legal advice. Fee of $25 cash or check payable to: Berkeley County Probate Court Names & addresses of heirs (spouse & children, or parents) and anyone listed in the Will. South Carolina Legal Services hopes to guide you through some of that uncertainty by teaching you how to open your loved one’s estate in South Carolina Probate Court. As of May 8, 2025, Act No. This worksheet is a fillable PDF form. Letters Testamentary — a document authorizing an executor to manage the estate. Provide court schedules and information about how to get a case scheduled. Please note: This form is required to be sent to all potential devisees and heirs of the Decedent. Inventory and Appraisement Forms — lists of estate assets and their values. South Carolina Probate Forms Search below to find the right South Carolina Probate court forms for your situation. scdmvonline. 1990). Probate Court also issues Marriage Licenses. In accordance with the laws of the State of South Carolina, the Personal Representative(s) does/do hereby release all of the Personal Representative’s(s’) right, title and interest, including statutory and/or testamentary powers, over the real property described to the beneficiaries named below: The undersigned, being sworn, states that the facts set forth in the foregoing statement are true to the best of the undersigned’s knowledge, information and belief; and hereby submits to the Court’s jurisdiction in this matter. 12. The Estate Division handles the probate of wills, estates of deceased persons, and conservators for minors. Chief Justice Kittredge became Chief Justice of the Supreme Court of South Carolina on August 1st, 2024. 5 hours ago · TurboCourt guides self-represented litigants through personalized questions online, then creates and files accurate forms to your court. How Judges are elected to the SC Probate Court According to section 14-23-30 of the South Carolina Code of Laws, the judges of the Probate Court are elected by the qualified electors of the respective counties for the term of four years. Do not accept a copy of this certificate without the raised seal of the Probate Court. Mar 29, 2019 · Free South Carolina Probate Court Forms 181 Forms found in South Carolina — Probate Court — Statewide — Page 1 of 4 Probate Forms & Instructions: Probate Court | Charleston County Government Forms & Instructions To list the table by Form # (ascending or descending), please click "Form#" in the table header. Receipt of this form does not mean that you will inherit from the Decedent. Annual ReportsAttorney SearchCase Records - Trial CourtCDR CodesCourt of Appeals OpinionsCourt CalendarCourt FormsCourt RostersCourt RulesE-Filing for Judiciary and ClerksJudicial Advisory OpinionsMonthly ReportsOrders SearchSC Code of LawsSupreme Court OpinionsTerms of CourtThe Annual Judicial Conference Advance SheetsAISBest Legal Practices (BLP) in Child Abuse and Neglect CasesBusiness Court Pilot ProgramCourt Records - Appellate CourtCourt Records - Family CourtCourt Records - Trial CourtCircuit Court Filing FeesCourt of Appeals OpinionsCourt RostersCourt RulesE-Filing For AttorneysExpungement InformationFamily Court Attorney PortalFamily The undersigned, being sworn, states: That the following schedules contain a complete and accurate inventory and appraisement of all probate real and personal property of this estate so far as the undersigned is informed; that he/she has estimated and/or appraised all listed property at its fair market value, according to the best of his/her The ancillary proceeding is handled by a fiduciary appointed by a South Carolina court, typically with the advice and supervision of a South Carolina lawyer hired by the decedent’s family or the estate fiduciary in the decedent’s state of domicile to assist with the ancillary proceeding. Day | Monday, January 19 How to Apply Online The Charleston County Probate Court can assist couples who are getting married in South Carolina. All Protective Services Probate Forms Some of these forms have been specifically tailored for Greenville County and may or may not be acceptable in other counties in the state. Oct 5, 2024 · In South Carolina, the county Probate Court handles wills and estate matters. For small estates, petitioning for this process is the first step to avoiding an expensive and time-consuming probate process. Please include the email address for each party. After the exercise of reasonable diligence, are you aware of any unrevoked Will and/or Codicil(s), other than the one(s) attached hereto, relating to property in this State? II. Have you received or are you aware of any Demands for Notice (FORM #111ES) of any probate or appointment proceeding concerning the Decedent that may have been filed in this state or elsewhere?. Aug 18, 2025 · A lawyer experienced with South Carolina probate or real property litigation can: Clarify which court has jurisdiction (probate vs civil court). Decedent was domiciled in this County at date of death: Address: County: «CountyName» State: South Carolina. The successor(s) named herein is/are entitled to the payment of any sums of money due and owing to the decedent, and to the delivery of all tangible personal property belonging to the decedent and in the possession of another, and to the delivery of all instruments evidencing a debt, obligation Oct 23, 2012 · The attorneys identified on the recusal form will also receive a copy of the appointment order. Please apply only once. The successor(s) named herein is/are entitled to the payment of any sums of money due and owing to the Decedent, and to the delivery of all probate tangible personal property belonging to the Decedent and in the possession of another, and to the delivery of all instruments evidencing a debt, obligation, stock, or chose in action belonging to the Access estate-related probate forms and resources for Greenville County, SC. Handle discovery and present evidence at trial. The library cannot help you choose a form. I request that the Court issue Orders as appropriate together with such other Orders as the law may require and as the Court may deem applicable and proper. Jan 5, 2023 · FAQs Links & Documents South Carolina Probate Court Forms (*Select 'Probate' under Forms by Court Type) South Carolina Code of Laws - Protective Proceedings South Carolina Department of Motor Vehicles - Forms South Carolina Department of Natural Resources - Boating Forms Opening Adult Conservatorship and Guardianship (Combined) The Probate Judge oversees marriage licenses, estates of deceased persons, guardianships, conservatorships, minor settlements under $25,000 and involuntary commitments to institutions for mentally ill and/or chemically dependent persons. Probate Court is committed to protecting your sensitive data from public view. Notice of Probate — informs interested parties that Have you received or are you aware of any Demands for Notice (FORM #111ES) of any probate or appointment proceeding concerning the Decedent that may have been filed in this state or elsewhere? Jan 5, 2026 · You decide which form to use. This Court Forms page is only somewhat searchable. 4855 Probate Forms & Instructions: Probate Court | Charleston County Government County Offices CLOSED Martin Luther King, Jr. Step-by-step guidance, tips, and common pitfalls to help with smooth estate administration. The Anderson County Probate Court has a mission to serve the citizens of Anderson County in a professional, proficient, and courteous manner. The library cannot help you fill out forms. Probate Resources: Probate Court | Charleston County Government County Offices CLOSED Martin Luther King, Jr. APPLY using the Marriage Licenses Application. Forms in a specific foreign language can be found by setting the Search by Form ID value to one of the language abbreviations shown below, and clicking the Search button. If you have questions as to the disallowance, resolution, or payment of creditor claims, you should seek the advice of a licensed South Carolina attorney with experience in handling probate matters. The court is located at: Forms in a specific foreign language can be found by setting the Search by Form ID value to one of the language abbreviations shown below, and clicking the Search button. Generally, the property passes in accordance with the deceased's family tree (unless there are non-probate transfers). Day | Monday, January 19 How to navigate the probate process in South Carolina. com. These include required court filing fees, inventory fees based on the estate’s value, and potential service fees for court-appointed representatives or attorneys. You may review the file in the Probate Court or see an attorney if you desire further information. _____ ) waiver for notice in an estate in the In South Carolina, how is the property of a deceased citizen distributed if there is no will? If one dies without a will, the laws of intestate succession control probate property. For court fees, application fees, or any other matters of payment; we do accept: CASH, CHECK OR DEBIT CARD/CREDIT CARDS I accept this appointment and agree to perform the duties and discharge the trust of the office of Successor Personal Representative of this Estate and hereby submit to the Court’s jurisdiction in this matter. , explains what probate is, the different types of estates, and how to open an estate (and re-open an estate) both informally and formally. I am not giving up any interest in the estate or inheritance rights by signing this document. Click the column header for your preferred sort. Probate Court has professional estate clerks that handle your estate from start to finish. Code Ann. Probate Forms & Instructions: Probate Court | Charleston County Government County Offices CLOSED Martin Luther King, Jr. Sep 1, 2023 · All Probate Court forms may be found on the South Carolina Judicial Branch website - Court Forms page. The Mental Health Division handles the involuntary commitment of the mentally ill, alcoholics and drug addicts, and also appoints and manages guardians and conservators for adults adjudicated as incapacitated. Our Mission is to promote and protect the quality of life in Charleston County by delivering services of value to the community. View and download Greenville County Probate Court forms including copy request, estate, mediation, protective services, power of attorney, and living will. 5. PROBATE COURT FORMS Probate Court Forms may also be found at the SC Judicial Department Website. Consider or approve the Personal Representative’s Accounting and, if applicable, the Proposal for Distribution for assets not yet The Orangeburg County Probate Court strives to provide accurate, professional service in a compassionate, user-friendly environment. but property of Decedent was located in this County at date of death at: Address: County: Decedent has a right to take legal action in this County because: Instructions for Complete Form 300ES Application for Informal Probate of Will/Appointment South Carolina Law requires that any person having possession of the Last Will and Testament or Codicil (Amendment to a Will) of someone who has passed away is required to file the document with the Probate Court in the county in which the Decedent lived within thirty (30) days after the Decedent’s death. FORM #141PC (1/2014) Greenville County Probate Court handles legal matters related to estates, guardianships, and marriage licenses in Greenville County, South Carolina. C. Links to forms located are on the left side of the page. 3472) increased the state’s small estate threshold from $25,000 to $45,000—offering a streamlined, more accessible path for estate administration and If not previously filed with the Court, a copy of the above Personal Representative’s death certificate, resignation or termination of appointment is attached. As a public service, we provide the statutory Living Will and Health Care Power of Attorney. § 62-1-304). It also appoints who will manage the estate during the probate process (personal representative) and guardians for minor children and pets. If you answered yes to both of those questions and you would like to begin probate without the assistance of an attorney, you must complete the Opening Probate Worksheet, print the completed worksheet and return it to the Court with all the required documents requested in the worksheet. To list the table by Title (ascending or descending), please click "Title & SC Code of Laws" in the table header. 428. File online family law, civil, small claims, and more.
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