Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory) is a commonly used form within South Carolina. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory):

• This form pertains to the State of South Carolina

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about South Carolina’s Form 300ES - Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct South Carolina form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some South Carolina probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 300ES, take a break, and then review. Probate and estate settlement processes in SC are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 300ES online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 300ES witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in South Carolina.

5 reasons you should submit 300ES as quickly as possible:

1. The sooner you begin, the faster South Carolina can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in South Carolina. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of South Carolina is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for South Carolina probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local South Carolina probate clerk or court for exact answers regarding Form 300ES, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory) is one of the many probate court forms available for download through Atticus.

It may also be available through some South Carolina probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within South Carolina.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 300ES - Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the South Carolina probate court office.

Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any South Carolina-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on South Carolina Form 300ES - Application (Informal) / Petition (Formal) For Probate Of Will Or Appointment (Mandatory). You can use this to get an idea of the context of the form and what type of information is needed.

FORM #300ES (09/2020) Page 1 of 6 62-2-504, 62-3-102, 62-3-203, 62-3-301, 62-3-302, 62-3-303, 62-3-308, 62-3-311, 62-3-401, 62-3-402, 62-3-404, 62-3-409, 62-3-414, 62-3-601, 62-3-602, 62-3,704, 62-3-804, 44-22-100, 44-23-1120 STATE OF SOUTH CAROLINA ) IN THE PROBATE COURT ) COUNTY OF: ____________________________________ ) ) IN THE MATTER OF: ________________________________________________ ) ) CASE NUMBER: _______________________ (Decedent) ) *COMPLETE THIS SECTION ONLY IF FILING PETITION FOR FORMAL TESTACY AND/OR FORMAL APPOINTMENT *_______________________________________________ , Petitioner(s) vs. *_______________________________________________, Respondent(s) APPLICATION FOR INFORMAL (check any that apply) *PETITION FOR FORMAL PROBATE OF WILL TESTACY APPOINTMENT APPOINTMENT If this is a formal filing, please explain on page 4 or attach pleadings pursuant to SC Rules of Civil Procedure. *NOTE: IF THIS IS A FORMAL PROCEEDING, IN ADDITION TO THIS FORM PETITION, YOU MUST ALSO FILE A SUMMONS (FORM SCCA 401PC), AND PAY THE STATUTORY FILING FEE OF $150.00. A HEARING IN THE PROBATE COURT ON THE PETITION MAY BE REQUIRED. I. ALL APPLICANTS/PETITIONERS MUST COMPLETE THIS SECTION. 1. Applicant/Petitioner(s): Address: Telephone (Work): (Home): (Cell): Email: Relationship to Decedent: 2. Decedent Information: Full Legal Name (including all known names): Date of Birth: Date of Death: Age at Date of Death: 3. Venue for this proceeding is proper in this County because: Decedent was domiciled in this County at date of death: Address: ________________________________ County: ____________ State: South Carolina. Decedent was not domiciled in South Carolina, but property of Decedent was located in this County at date of death at: Address: _________________________________ County: ___________ State: South Carolina Decedent has a right to take legal action in this County because: If the above address is the address of a nursing home, prison, or other residential facility, please give the last address of the Decedent prior to entering a facility: FORM #300ES (09/2020) Page 2 of 6 Full Legal Name (including all known names) Year of Birth Full Address Email Address Relationship to Decedent See attached for additional devisees (check if applicable). 4(b). Names and addresses of intestate heirs who are not devisees (persons who inherit if Decedent left no Will). Full Legal Name (including all known names) Year of Birth Full Address Email Address Relationship to Decedent See attached for additional intestate heirs (check if applicable). 4(c). Did all of the above persons survive one hundred and twenty (120) hours since the death of Decedent? YES NO If no, please explain on page 4. 5. Did Decedent have any change of marital status or the birth or adoption of any children after execution of this Will, if one exists, or has any child of the Decedent been born since his/her death, or is any birth of a child of the Decedent anticipated? (This includes illegitimate children.) NO YES If yes, please explain, on page 4. 6. To the best of your knowledge, was the Decedent a patient in a non-private State of South Carolina mental health facility during his/her lifetime? NO YES If yes, please explain, on page 4. 7. Has a Guardian or Conservator ever been appointed by a Court for this person? NO YES If yes, please explain on page 4. 8. Has a Personal Representative of the Decedent been appointed prior to this date by a Court in this state or elsewhere? NO YES If yes, please state details, including name and address of such Personal Representative on page 4. 9. 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? NO YES If yes, please state details, including names and addresses on page 4. 4(a). Names and addresses of beneficiaries (devisees) named in the Will. FORM #300ES (09/2020) Page 3 of 6 10. Have more than ten (10) years passed since the Decedent’s death? NO YES If yes, please state circumstances authorizing tardy probate on page 4. 11(a). Did the Decedent own probate real estate? NO YES If yes, an approximate value of $ (Note: A complete inventory of probate assets with fair market values is to be filed after Personal Representative is appointed.) 11(b). Did the Decedent own probate personal property? NO YES If yes, an approximate value of $ (Note: A complete inventory of probate assets with fair market values is to be filed after Personal Representative is appointed.) 11(c). Are you seeking appointment as Personal Representative in order to pursue civil litigation on behalf of the Decedent’s estate? Is there a civil litigation attorney? NO YES If yes, please provide the name of the civil litigation attorney: 11(d). At the time of Decedent’s death, was he or she involved in any pending civil litigation? Is there a civil litigation attorney? NO YES If yes, please state the circumstances and name of attorney on page 4. 11(e). If you answered NO to questions 11(a) - 11(d) above, but are seeking the appointment of a Personal Representative, please explain why the appointment is requested on page 4. 12. Have you made a diligent search for a Will of the Decedent? YES NO If no, please explain on page 4. II. IF A WILL EXISTS, PLEASE COMPLETE THIS SECTION. 1. Regarding the Decedent’s Will: The original is attached. The original is in the Court’s possession. An exemplified (authenticated) copy of a Will probated in another jurisdiction is attached. An exemplified (authenticated) copy of a Will not probated in another jurisdiction is attached. The original of the Will is lost, destroyed, or otherwise unavailable, however, a copy or a description of its contents is attached. (for formal proceeding, explain below or attach supplemental pleadings) 2. The execution date of the Will was: Codicil(s): 3. Is there a memorandum that disposes of tangible personal property pursuant to 62-2-512? NO YES If yes, attach hereto. 4. To the best of your knowledge, do you believe the Will listed above is the Decedent’s validly executed last Will? YES NO If no, please explain on page 4. 5. To the best of your knowledge, is any witness to the will an “interested witness” (i.e., does the will make any devise to a witness, a witness’s spouse, or a witness’s issue)? NO YES If yes, please explain on page 4. FORM #300ES (09/2020) Page 4 of 6 COMPLETE EXPLANATION(S) FOR QUESTIONS IN SECTIONS I and II HERE. (If more space is required, use additional sheets.) _________________________________________________________________________________________________ III. IF APPLYING FOR INFORMAL OR FORMAL APPOINTMENT, PLEASE COMPLETE THE FOLLOWING. 1. If the Applicant/Petitioner is not the proposed Personal Representative(s), list name and address of the person you are proposing be appointed as the fiduciary: 2. Priority for appointment of the proposed Personal Representative (whether applicant or nominee) is: named as Primary Personal Representative in Will named as Alternate Personal Representative in Will nominee of Primary Personal Representative in Will nominee of Alternate Personal Representative in Will surviving spouse of Decedent who is devisee of Decedent or nominee of said spouse other devisee of Decedent (describe): or nominee of said devisee surviving spouse of Decedent or nominee of said spouse other heir of Decedent (describe): or nominee of said heir creditor (forty-five (45) days after death must have passed) or nominee of creditor; written statement of claim, FORM 371ES, is attached other (describe): 3. List below the name(s) of any other person(s), if any, having an equal or higher priority of appointment than the proposed Personal Representative: IV. ALL APPLICANTS/PETITIONERS MUST COMPLETE VERIFICATION. VERIFICATION 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. SWORN to before me this day Signature of Applicant/Petitioner: of , 20 Notary Public for South Carolina My Commission Expires: SWORN to before me this day Signature of Co- Applicant/Co-Petitioner: of . 20 Notary Public for South Carolina My Commission Expires: FORM #300ES (09/2020) Page 5 of 6 ORDER OF INFORMAL PROBATE IT IS HEREBY ORDERED that the above application for probate of a Will executed and Codicil executed ______ and Memorandum be informally GRANTED DENIED. Executed this day of , 2 . , Probate Court Judge For formal probate of Will, see separate order executed . ORDER OF INFORMAL APPOINTMENT IT IS HEREBY ORDERED that the above Application for Appointment be granted upon the filing of an appropriate bond, if applicable, and upon the signing of the Qualification and Statement of Acceptance of appointment. Bond Notice to Creditors Fiduciary Bond in the amount of $ Required Bond not required for Personal Representative nominated by Will Not Required Bond not required as Personal Representative is sole heir or sole devisee Bond not required as Personal Representative is state agency, bank, or trust company Bond waivers filed See order dated Other: Executed this day of , 2 . , Probate Court Judge For formal appointment of Personal Representative, see separate order executed . FORM #300ES (09/2020) Page 6 of 6 QUALIFICATION AND STATEMENT OF ACCEPTANCE I accept this appointment and agree to perform the duties and discharge the trust of the office of Personal Representative of this estate. I further submit personally to the jurisdiction of the Court in any proceeding relating to the Estate. Signature: Print Name: Address: Telephone (Work): (Home): (Cell): Email: Signature: Print Name: Address: Telephone (Work): (Home): (Cell): Email: *Attorney: Address: Telephone: Email: . *By completing this information, attorney is designated as attorney of record for assisting Personal Representative until proper withdrawal.