South Carolina Probate Form 571GC

Petition For Formal Relief

Everything you need to know about South Carolina Form 571GC, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related SC probate forms.

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About Petition For Formal Relief

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.

Petition For Formal 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:

Atticus Fast Facts About Petition For Formal Relief

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Formal Relief:

  • 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 571GC - Petition For Formal Relief up to date, certain details can change from time-to-time with little or no communication.

How to file Form 571GC

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 571GC, 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 571GC 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 571GC 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 Petition For Formal Relief 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.

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?

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When Petition For Formal Relief is due

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 571GC 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 571GC, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 571GC Online

Petition For Formal 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 571GC - Petition For Formal 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.

Petition For Formal 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.

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Did you know?

  • Form 571GC - Petition For Formal 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.

Frequently Asked Questions about Petition For Formal Relief

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

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!

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

The Exact Text on Form 571GC

Here’s the text, verbatim, that is found on South Carolina Form 571GC - Petition For Formal Relief. You can use this to get an idea of the context of the form and what type of information is needed.

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 #571GC (08/2021) Page 2 of 4 62-5-307A, 62-5-405, 62-5-416(F) 62-5-422(C), 62-5-428(B) STATE OF SOUTH CAROLINA ) COUNTY OF ___________________________ ) ) IN THE MATTER OF: ) ______________________________________, ) a ward/protected person. ) PROBATE COURT USE ONLY ) ) IN THE PROBATE COURT ______________________________________, ) CASE NUMBER ______-GC-______-______ Petitioner(s), ) vs. ) PETITION FOR FORMAL RELIEF _______________________________________, ) Respondent(s). ) Guardianship Conservatorship Protective Arrangement Pursuant to §62-5-405(A)(1) Petitioner: What is your relationship to the proceeding? Ward/Protected Person Guardian Conservator Interested Person A.RELIEF REQUESTED REGARDING CONSERVATORSHIP (check all that apply): (Skip to SECTION B if you are seeking relief regarding a guardianship or to SECTION C if you are seeking relief regarding a protective arrangement.) 1.Termination/Discharge of the Conservator because: 2.Resignation of the Conservator because: 3.Appointment of a Successor Conservator. Proposed Successor Conservator(s): Name: Address: Preferred Telephone: Secondary Telephone: Email: Relationship to the Protected Person: 4.Protected Person has regained capacity. a. An Examiner Report and Affidavit Regarding Capacity is attached. 5.Limitation or expansion of the powers and duties of the conservatorship. a.In what way(s) are your requesting that the conservatorship be limited or expanded? Explain why. 6.Distribution from the Protected Person’s Estate. a.What is the amount and reason for the requested distribution? b.What reason (if any) has the Conservator given to deny the request? FORM #571GC (08/2021) Page 3 of 4 62-5-307A, 62-5-405, 62-5-416(F) 62-5-422(C), 62-5-428(B) 7. Authorization of a transaction involving a conflict of interest. a. Describe the transaction requested and the conflict of interest. b. Why do you believe this transaction is in the best interest of the Protected Person in light of the conflict of interest? 8. Other relief. a. Describe the relief you are requesting. b. Why is the requested relief necessary? B. RELIEF REQUESTED REGARDING GUARDIANSHIP (check all that apply): 1. Termination/Discharge of the Guardian because: 2. Resignation of the Guardian because: 3. Appointment of Successor Guardian. Proposed Successor Guardian(s): ` Name: Address: Preferred Telephone: Secondary Telephone: Email: Relationship to the Ward: 4. Protected Person has regained capacity. An Examiner Report and Affidavit Regarding Capacity is attached. 5. Limitation or expansion of the powers and duties of the guardianship. a. In what way(s) are your requesting that the guardianship be limited or expanded? Explain. 6. Other Relief. a. Describe the relief you are requesting. b. Why is the requested relief necessary? C. RELIEF REQUESTED REGARDING A PROTECTIVE ARRANGEMENT (check all that apply): 1. Is there currently a fiduciary for the individual? Yes No. If yes, what type of fiduciary? Conservator Special Conservator Guardian Trustee Other: ________________ Fiduciary Information: FORM #571GC (08/2021) Page 4 of 4 62-5-307A, 62-5-405, 62-5-416(F) 62-5-422(C), 62-5-428(B) Name: Address: Preferred Phone: Email: Relationship to minor/incapacitated individual: 2.What action are you asking the Court to take? Authorization of Direction of Ratification of a provision within a protective arrangement 1 that is in the best interest of the minor or incapacitated individual. (Note: For sale of real property or an interest in real property, use Form ____GC.) 3. Why is this formal action necessary to accomplish the requested relief? _________________________________________________________________________________________ NOTE: If the space provided is not sufficient to answer the questions above, please complete your answer on a separate sheet of paper and attach. I request that the Court grant the relief I requested herein. I understand that I must serve all interested parties with this Summons and Petition for Formal Relief. I understand that the Court may appoint a Guardian ad Litem (GAL) and/or attorney to represent the Ward/Protected Person. I understand that I may be responsible for the GAL and attorney’s fees incurred in pursuing this action. Executed this day of , 20 . Signature: Print Name: Address: Preferred Telephone: Secondary Telephone: Email: Relationship to the Protected Person/Ward: Attorney Signature: Print Name: Firm Name: Bar Number: Address: Telephone: Email: Attorney for: 1 A protective arrangement includes, but is not limited to, the payment, delivery, deposit, or retention of funds or property; the sale, mortgage, lease, or other transfer of property; the entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or the addition to or establishment of a suitable trust.

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