Everything you need to know about South Carolina Form 512GC, 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.
Notice Of And Motion For Emergency Relief 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 Notice Of And Motion For Emergency Relief:
This form pertains to the State of South Carolina
The official South Carolina source for this form is here.
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 512GC - Notice Of And Motion For Emergency Relief 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 512GC, 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 512GC 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.
Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?
👉 Find and Contact your Local Probate Court
👉 What is a Domicile Jurisdiction?
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 512GC, and when in doubt— consult a qualified trust & estates lawyer for that area.
Notice Of And Motion For Emergency Relief 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 512GC - Notice Of And Motion For Emergency Relief 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.
Notice Of And Motion For Emergency Relief 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 512GC - Notice Of And Motion For Emergency Relief 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 512GC - Notice Of And Motion For Emergency Relief. You can use this to get an idea of the context of the form and what type of information is needed.
FORM #512GC (08/2021) 62-5-108 Page 1 of 2 STATE OF SOUTH CAROLINA ) ) COUNTY OF __________________________ ) ) ) IN THE MATTER OF: ) PROBATE COURT USE ONLY _____________________________________, ) ) IN THE PROBATE COURT an alleged incapacitated individual. ) ) CASE NUMBER _____-GC-_____-______ ) PROBATE COURT INSTRUCTIONS ) FOR MOTION FOR EMERGENCY RELIEF ) AND HEARING PURSUANT TO ) S.C. CODE ANN. &#x26;#xA7; 62-5-108 1. This Motion is to be used only where immediate and irreparable injury or damage to the health, safety, or welfare of an alleged incapacitated individual (A.I.I.), or substantial economic loss to the A.I.I., is likely and imminent before a temporary or permanent hearing may be scheduled. If this is not an emergency as described below, but there is a need for action to be taken before a permanent hearing may be scheduled, you may file a Motion for Temporary Relief (Form #513GC). 2.This emergency Motion must be filed at the same time as a (a) Summons and Petition, (b) Motion for Appointment of Counsel for the A.I.I. if none has been retained (Form 523GC), (c) Motion for Appointment of Guardian ad Litem (GAL) if none previously appointed (Form 527GC), (d) Physician&#x26;#x2019;s Affidavit for Emergency/Temporary Relief (Form 522GC), and (e) any supporting affidavits. Examples of emergencies for which the court may grant a motion for emergency relief are as follows: a. A.I.I.&#x26;#x2019;s imminent loss of federal or state assistance such as Medicaid, Medicare, Social Security income, Supplemental Security Income, VA benefits. b.Kidnapping or false imprisonment of A.I.I., or transport of A.I.I. out of the state of South Carolina. c.Inability or refusal of A.I.I. to give informed consent to emergency medical procedures. d. A.I.I.&#x26;#x2019;s inability to provide for own mental and physical needs which requires a guardian to seek immediate treatment. e. Need for or loss of housing or nursing home care for A.I.I.; provided, however, homelessness by itself is not an emergency. f. Unauthorized transfer of assets of A.I.I. including unauthorized transfer by agent pursuant to power of attorney. g. Inability of A.I.I. to take immediate action necessary to preserve assets. h. Inability of A.I.I. to prosecute or defend legal actions, or execute legal documents. i. A.I.I.&#x26;#x2019;s imminent marriage. 3. Evidence of the suitability and creditworthiness of the proposed guardian, conservator, or other fiduciary must be provided in a written credit report and criminal background check from the state of residence of the proposed guardian, conservator, or other fiduciary, and must be submitted with the Motion. 4. If the Motion includes a request for the freezing or restriction of assets, information as to specific bank accounts of the A.I.I. must be provided. 5. An emergency hearing must be scheduled within ten (10) days of the issuance of the Ex Parte Order or as otherwise ordered by the court. I HAVE READ AND UNDERSTAND THESE INSTRUCTIONS: Executed this day of , 20 . Petitioner/Movant FORM #512GC (08/2021) 62-5-108 Page 2 of 2 STATE OF SOUTH CAROLINA ) ) COUNTY OF __________________________ ) ) ) IN THE MATTER OF: ) _____________________________________, ) PROBATE COURT USE ONLY an alleged incapacitated individual. ) ) IN THE PROBATE COURT _____________________________________, ) CASE NUMBER ______-GC-_____-______ Petitioner(s), ) vs. ) NOTICE OF AND MOTION FOR _____________________________________, ) EMERGENCY RELIEF AND HEARING Respondent(s). ) I move for emergency relief to protect the welfare or assets of , an alleged incapacitated individual (A.I.I.), and request a hearing on , 20 , at a.m./p.m., or at such date and time as the Court orders, for: Emergency appointment of: temporary guardian, temporary conservator, or other fiduciary (specify type): Proposed fiduciary name: _____________________________________________________________________ Proposed fiduciary address: ___________________________________________________________________ Relationship to A.I.I.: _________________________________________________________________________ Removal of existing guardian, conservator, or other fiduciary, and appointment of a successor. Appointment of Guardian ad Litem or removal of Guardian ad Litem. An emergency protective order as follows (specify): _____________________________________________________ Immediate and irreparable injury, loss, or damage will result before notice can be served on adverse parties and a hearing held pursuant to S.C. Code Ann. &#x26;#xA7; 62-5-108(B) as shown by the following facts: If an emergency order for temporary guardianship, conservatorship, or other protective order related to the welfare of the A.I.I. is requested, a physician&#x26;#x2019;s affidavit dated within the last thirty (30) days is attached. Executed this day of , 20 . Signature: Print Name: Address: Preferred Telephone: Secondary Telephone: Email: Relationship to A.I.I.: Attorney Signature: Print Name: Firm Name: Bar Number: Address: Telephone: Email: Attorney for: