Form 300Es PDF Details

Managing the complexities of estate management and probate proceedings in South Carolina is facilitated by essential forms like the 300Es, pivotal for those embarking on this administrative journey. This form embodies the procedural essence for applications related to informal probate of wills, testacy, and formal appointments, among others, within the state's jurisdiction. The comprehensive layout requires detailed information about the deceased, including all known names, domicile details, and the intricacies surrounding the decedent's assets and potential beneficiaries. Crucially, the form distinguishes between informal and formal processes, guiding applicants through the decision on whether to proceed formally, which necessitates additional documents like a summons and the payment of statutory fees. Applicants are also urged to disclose any changes in the decedent's marital status, potential heirs born posthumously, or any instances where the decedent had been a mental health patient within state facilities. Addressing the requirements for appointing a Personal Representative and detailing the assets of the estate, the 300Es form stands as an indispensable tool for ensuring that due legal process is adhered to, providing a structured path for those navigating the challenging waters of probate and estate resolution.

QuestionAnswer
Form NameForm 300Es
Form Length6 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 30 sec
Other names300 es probate, sc 300es probate, sc 300 es form, south carolina 300es form

Form Preview Example

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 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

 

4(a). Names and addresses of beneficiaries (devisees) named in the Will.

Full Legal Name

Year of Birth

Full Address

Email Address

Relationship

(including all known names)

 

 

 

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

Year of Birth

Full Address

Email Address

Relationship

(including all known names)

 

 

 

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.

FORM #300ES (09/2020)

Page 2 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 3 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

 

 

said spouse

surviving spouse of Decedent or nominee of

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

 

Signature of

day

Applicant/Petitioner:

of

, 20

 

 

 

 

 

 

 

 

 

 

Notary Public for South Carolina

 

 

My Commission Expires:

 

 

 

 

 

 

 

 

Signature of Co-

SWORN to before me this

day

Applicant/Co-Petitioner:

of

. 20

 

 

 

 

 

Notary Public for South Carolina

My Commission Expires:

FORM #300ES (09/2020)

Page 4 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 5 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.

FORM #300ES (09/2020)

Page 6 of 6

How to Edit Form 300Es Online for Free

You could fill out sc 300es instantly using our PDFinity® online tool. In order to make our tool better and simpler to use, we constantly implement new features, with our users' suggestions in mind. With just a few easy steps, you can start your PDF journey:

Step 1: Hit the orange "Get Form" button above. It'll open our pdf editor so you could begin filling in your form.

Step 2: Once you launch the file editor, you'll see the form prepared to be filled out. Aside from filling in various blank fields, you can also do other actions with the form, specifically writing your own words, modifying the original textual content, inserting illustrations or photos, placing your signature to the PDF, and more.

To be able to complete this form, ensure that you type in the necessary information in every single blank field:

1. It is very important complete the sc 300es correctly, hence pay close attention while filling in the areas comprising these particular blank fields:

The right way to prepare sc 300 es form portion 1

2. Once your current task is complete, take the next step – fill out all of these fields - I ALL APPLICANTSPETITIONERS MUST, ApplicantPetitioners Address, Decedent Information, Full Legal Name including all, Venue for this proceeding is, and Decedent was domiciled in this with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

Filling out segment 2 in sc 300 es form

3. The following section should also be rather uncomplicated, Decedent was domiciled in this, If the above address is the, FORM ES, and Page of - all these form fields is required to be completed here.

Completing part 3 in sc 300 es form

People who work with this form often make some mistakes while filling in Decedent was domiciled in this in this section. Be sure to read again what you type in here.

4. This next section requires some additional information. Ensure you complete all the necessary fields - Year of Birth, including all known names, See attached for additional, b Names and addresses of intestate, Full Legal Name, including all known names, Year of Birth, Full Address, See attached for additional, Email Address, and Relationship to Decedent - to proceed further in your process!

Part number 4 for filling in sc 300 es form

5. While you draw near to the conclusion of the document, you will find a few more points to undertake. Specifically, c Did all of the above persons, YES, NO If no please explain on page, Did Decedent have any change of, To the best of your knowledge was, YES If yes please explain on page, facility during hisher lifetime, YES If yes please explain on page, Has a Guardian or Conservator, YES If yes please explain on page, elsewhere, Have you received or are you, YES If yes please state details, and page must all be filled out.

Completing segment 5 of sc 300 es form

Step 3: Check all the information you have entered into the blank fields and click the "Done" button. After starting a7-day free trial account here, you'll be able to download sc 300es or email it right off. The PDF form will also be available in your personal account menu with your adjustments. FormsPal guarantees your information confidentiality with a secure system that in no way saves or distributes any private data provided. Be confident knowing your docs are kept safe whenever you use our tools!

Form 300Es isn’t the one you’re looking for?

Related Documents