Application (Informal) / Petition (Formal) For Protective Order And/or Appointment Of Conservator For A Minor

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 Protective Order And/or Appointment Of Conservator For A Minor 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 Protective Order And/or Appointment Of Conservator For A Minor

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application (Informal) / Petition (Formal) For Protective Order And/or Appointment Of Conservator For A Minor:

• 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 542GC - Application (Informal) / Petition (Formal) For Protective Order And/or Appointment Of Conservator For A Minor 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 542GC, 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 542GC 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 542GC 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 Protective Order And/or Appointment Of Conservator For A Minor 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 542GC 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 542GC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application (Informal) / Petition (Formal) For Protective Order And/or Appointment Of Conservator For A Minor 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 542GC - Application (Informal) / Petition (Formal) For Protective Order And/or Appointment Of Conservator For A Minor 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 Protective Order And/or Appointment Of Conservator For A Minor 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 542GC - Application (Informal) / Petition (Formal) For Protective Order And/or Appointment Of Conservator For A Minor. You can use this to get an idea of the context of the form and what type of information is needed.

FOR USE WITH A FORMAL PETITION ONLY SCCA 401PC (08/2021) STATE OF SOUTH CAROLINA ) ) ) COUNTY OF __________________________________ ) ) ) IN THE MATTER OF: ) , ) Decedent Alleged Incapacitated Individual Minor Other: _________________ ) ) PROBATE COURT USE ONLY ) ) IN THE PROBATE COURT , ) ) ) CASE NUMBER _____-GC-_____- _____ Petitioner(s), ) vs. ) SUMMONS , ) ) Respondent(s).* ) *For Guardianship/Conservatorship matters, you must include the alleged incapacitated individual as a Respondent. TO THE RESPONDENT(S) LISTED ABOVE: YOU ARE HEREBY SUMMONED and required to Answer the Petition in this action, a copy of which is herewith served upon you, and to serve a copy of your Answer upon the Petitioner(s) listed above at the following address(es): Please Type or Print. (Name of Petitioner/Attorney for Petitioner) (Street Address or Mailing Address) (City, State, and Zip Code) Your Answer must be served on the Petitioner at the above address within thirty (30) days after the service of this Summons and Petition upon you, exclusive of the day of such service; and if you fail to answer the Petition within that time, judgment by default will be rendered against you for the relief demanded in the Petition. ____________________________________________ Signature of Petitioner(s)/Attorney for Petitioner(s) Date: FORM #542GC (08/2021) 62-5-402, 62-5-409, 62-5-415, 62-5-416 Page 2 of 5 STATE OF SOUTH CAROLINA ) COUNTY OF __________________________ ) ) IN THE MATTER OF: ) _____________________________________, ) a minor. ) PROBATE COURT USE ONLY *COMPLETE THIS SECTION ONLY IF YOU ARE FILING A FORMAL PETITION: ) ) IN THE PROBATE COURT _____________________________________, ) CASE NUMBER -GC- - Petitioner(s), ) vs. ) _____________________________________, ) Respondent(s). ) APPOINTMENT OF CONSERVATOR FOR MINOR OR ISSUANCE OF PROTECTIVE ORDER FOR MINOR APPLICATION FOR (No Summons Needed): *FORMAL PETITION FOR: PROTECTIVE ORDER PROTECTIVE ORDER CONSERVATOR CONSERVATOR SUCCESSOR CONSERVATOR SUCCESSOR CONSERVATOR *NOTE: IF THIS IS A FORMAL PROCEEDING, IN ADDITION TO THIS FORM PETITION, YOU MUST ALSO FILE THE ATTACHED SUMMONS, AND PAY THE STATUTORY FILING FEE OF $150.00. A HEARING IN THE PROBATE COURT ON THE PETITION MAY BE REQUIRED. 1.Information about Applicant(s)/Petitioner(s): Applicant(s)/Petitioner(s): Address: Telephone (Preferred): Telephone (Secondary): Email: Relationship to minor or proceeding: 2.Information about Minor: Minor Full Legal Name (including all known names): Date of Birth: Last 4 digits of Social Sec. #: XXX-XX- Address: Telephone (Preferred): Telephone (Secondary): Email: 3.Jurisdiction: South Carolina has jurisdiction over the minor because: Minor owns real or personal property that requires management or protection (a copy of any deeds or titles is required); Minor has or may have business affairs that may be adversely affected by a lack of effective management; or Conservator is necessary to obtain and administer funds for the health, education, maintenance, and support of the minor. FORM #542GC (08/2021) 62-5-402, 62-5-409, 62-5-415, 62-5-416 Page 3 of 5 4.Venue: Venue for this proceeding is proper in this county because the minor: resides in this county and has resided in this county for more than six (6) months; does not reside in this state but owns real or personal property in this county; does not reside in this state but has or may have business affairs in this county that need management; or does not reside in this state but has the right to take legal action in this county (a copy of the pleadings is required). If the minor has not resided in this county for six (6) months preceding this action, the address where the minor did reside or is residing is: _________________________________________________________________________ 5.Information about family of minor: *Mother: Address: City/State/Zip: Telephone: (Preferred):(Secondary Email: *Father: Address: City/State/Zip: Telephone: (Preferred):(Secondary): Email: *If deceased, a certified death certificate is required. Siblings of minor: Name Address Year of Birth If the minor does not reside with a parent, the person with whom the minor resides: Name: Relationship: Address: City/State/Zip: Telephone: (Preferred): (Secondary): Email: If you have not listed another living adult relative of the minor, other than the Applicant/Petitioner, who are the other adult relatives? Name Address Relationship to Minor 6.The following is a list of the real and personal property owned by the minor or expected to be received by the minor, business affairs of the minor, funds available to the minor, or legal action necessary for the minor and an estimate of the value: (An Inventory and Appraisement, Form #550GC, shall be completed and filed with the Court within 30 days of appointment.) Description Value FORM #542GC (08/2021) 62-5-402, 62-5-409, 62-5-415, 62-5-416 Page 4 of 5 7.The appointment of a conservator for the minor is necessary because: _____________________________________________________________________________________________ 8.I request the appointment of: Name: Address: City/State/Zip: Telephone: (Preferred): (Secondary): Email: Name: Address: City/State/Zip: Telephone: (Preferred): (Secondary): Email: 9.The priority for his or her appointment as conservator is: Previously appointed conservator/guardian of the assets of the minor by a court of another county or state; Individual nominated by the minor (if fourteen (14) or more years of age and deemed mentally capable of making such choice); Parent of minor; Adult sibling of minor (specify): ; Closest adult relative (specify): ; Person with whom the minor resides (specify): ; Nominee of any of the above (specify): ; Other (specify): . VERIFICATION The Applicant/Petitioner, being sworn, states that the facts set forth in the foregoing Application/Petition are true to the best of the Applicant’s/Petitioner’s knowledge, information, and belief. SWORN to me this day of , 20___ Signature of Petitioner: _________________________ Print Name: _________________________ Signature: _________________________________ Address: _________________________ Printed Name of Notary: ______________________ _________________________ Preferred Telephone: _________________________ Notary Public for State of: _____________________ Secondary Telephone: _________________________ My commission expires: ______________________ Email: _________________________ SWORN to me this day of , 20___ Signature of Co-Petitioner: _________________________ Print Name: _________________________ Signature: _________________________________ Address: _________________________ Printed Name of Notary: ______________________ _________________________ Preferred Telephone: _________________________ Notary Public for State of: _____________________ Secondary Telephone: _________________________ My commission expires: ______________________ Email: _________________________ _________________________________________________________________________________________________ FORM #542GC (08/2021) 62-5-402, 62-5-409, 62-5-415, 62-5-416 Page 5 of 5 QUALIFICATION AND STATEMENT OF ACCEPTANCE I/we accept this appointment and agree to perform the duties and discharge the trust of the office of Conservator for (name of minor). Executed this day of , 20 . Signature: _________________________ Printed Name: Signature: _________________________ Printed Name: