Everything you need to know about South Carolina Form 355ES, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related SC probate forms.
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.
Motion To Be Relieved As Counsel 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:
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Motion To Be Relieved As Counsel:
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 355ES - Motion To Be Relieved As Counsel up to date, certain details can change from time-to-time with little or no communication.
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.
Fill out all relevant fields in Form 355ES, 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 355ES 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).
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.
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.
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?
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.
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.
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.
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 355ES, and when in doubt— consult a qualified trust & estates lawyer for that area.
Motion To Be Relieved As Counsel 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 355ES - Motion To Be Relieved As Counsel 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.
Motion To Be Relieved As Counsel 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.
Form 355ES - Motion To Be Relieved As Counsel is a probate form in South Carolina.
South Carolina has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in South Carolina.
During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.
Probate in South Carolina, especially without guidance, can take years to finish and cost upwards of $14,000.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a SC executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
Creating an inventory of all probate assets.
Filling out all necessary forms
Paying off all estate debts and taxes
Submitting reports to the court and beneficiaries as requested
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on South Carolina Form 355ES - Motion To Be Relieved As Counsel. You can use this to get an idea of the context of the form and what type of information is needed.
FORM #355ES (1/2014) Page 1 of 2 SCRCP 11(b) STATE OF SOUTH CAROLINA ) IN THE PROBATE COURT ) COUNTY OF ___________________________ ) ) IN THE MATTER OF: ) ______________________________________ ) CASE NUMBER: ____________________________ (Decedent) ) MOTION TO WITHDRAW AS ATTORNEY SUBSTITUTE ATTORNEYS REMOVE AN ATTORNEY Movant: 1. The undersigned request(s) that this Court order (check the one that applies) that he/she be permitted to withdraw as attorney for _____________________________________________ that ________________________ be substituted for him/her as attorney for __________________________ that ________________________ be removed as attorney for _____________________________________ in the above-referenced matter. 2. Movant(s) make(s) this Motion (check the one that applies) with the consent of his/her client(s) as evidenced by his/her/their signature(s) on page 2 with the consent of his/her client(s) and proposed succeeding counsel as evidenced by their signatures below for the following reason(s) (see Rule 1.16, Rules of Professional Conduct; attach extra pages, if needed): _______________________________________________________________________________ Executed this __________ day of______________________, 20_______. Signature: Signature: Name: Name: Address: Address: Telephone: Telephone: Email: Email: Relationship to Decedent/Estate: Relationship to Decedent/Estate: FORM #355ES (1/2014) Page 2 of 2 SCRCP 11(b) ORDER FOR HEARING IT IS HEREBY ORDERED that a hearing on this matter be set for: DATE: TIME: PLACE: Pursuant to SCPC 62-1-401, THE MOVANT(S) IS/ARE ORDERED to give notice of this hearing to all other interested persons by mailing or delivering his/her/their Notice of Hearing (FORM #326ES) and appropriate attachments to each of them at least twenty (20) days prior to the Hearing date. PLEASE TAKE NOTICE that a copy of this order is neither a substitute for the Notice of Hearing, nor one of the “appropriate attachments”. THE MOVANT(S) IS/ARE FURTHER ORDERED to file his/her/their Proof of Delivery (FORM #120PC) of said Notice of Hearing no later than the hearing date. Executed this __________ day of______________________, 20________. , Probate Court Judge ORDER IT IS HEREBY ORDERED that this application be GRANTED DENIED and that he/she is permitted to withdraw as attorney for ________________________________________________ that __________________________________ be substituted for __________________________________ as attorney for ______________________________________________ that _______________________________ be removed as attorney for ______________________________ that _________________________ shall continue representation as attorney for ______________________ in the above-referenced matter. Written notice of change of attorney, if granted, must be served as provided by Rule 5, SCRCP. If representation is terminated, the attorney shall take steps to the extent reasonably practicable to protect his/her client’s interests. Executed this __________ day of ______________________, 20_______. , Probate Court Judge I/WE CONSENT: Signature: Signature: Name: Name: Address: Address: Telephone: Telephone: Email: Email:
View allSouth Carolina probate forms.
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