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Application Or Petition For Informal Or Formal Probate Of Will Or Testacy Or Appointment Form. This is a South Carolina form and can be use in Probate Court Statewide.
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Tags: Application Or Petition For Informal Or Formal Probate Of Will Or Testacy Or Appointment, 300PC, South Carolina Statewide, Probate Court
STATE OF SOUTH CAROLINA
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COUNTY OF:
IN THE MATTER OF:
IN THE PROBATE COURT
CASE NUMBER:
APPLICATION FOR
PETITION FOR
(check any that apply)
INFORMAL
FORMAL
PROBATE OF WILL
APPOINTMENT
TESTACY
APPOINTMENT
Applicant/Petitioner:
Address:
Telephone:
I.
ALL APPLICANTS/PETITIONERS MUST COMPLETE THIS SECTION.
1.
Give your relationship to the decedent, if any, and your interest in this proceeding.
2.
Decedent Information
Name:
Social Security Number:
Date of Birth:
Date of Death:
Age at date of death:
Domicile at date of death:
3.
(county)
Venue for this proceeding is proper in this county because:
(state)
Decedent was domiciled in this county at date of death.
Decedent was not domiciled in South Carolina, but property of Decedent was located in this
county at date of death.
Decedent has a right to take legal action in this county because:
4.a.
Names and addresses of devisees in the will including dates of birth of minors. If there are no minors, so
state.
Name
Date of
Birth
Address
Relationship
to Decedent
(use additional sheet if necessary)
FORM #300 (07/2005)
62-3-203, 62-3-301, 62-3-303, 62-3-401, 62-3-402, 62-3-409
62-3-414, 62-3-601, 62-3,704, 44-23-1090, 44-23-1120
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4.b.
Names and addresses of intestate heirs who are not devisees, including dates of birth of minors. If there
are no minors, so state. Intestate heirs are the persons who would inherit if the decedent left no will.
Name
Date of Birth
Address
Relationship
to Decedent
(use additional sheet if necessary)
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 death, or is any birth of a child
of the decedent anticipated? (This includes illegitimate children.)
NO
6.
To the best of your knowledge, was the decedent a patient in a South Carolina Mental Health facility
during his/her lifetime?
NO
7.
12.
YES If yes, please state details, including names and addresses on page 3.
Have more than ten years passed since the decedent’s death?
NO
11.
YES If yes, please state details, including name and address of such Personal
Representative on page 3.
Have you received or are you aware of any demands for notice of any probate or appointment proceeding
concerning the decedent that may have been filed in this state or elsewhere?
NO
10.
YES If yes, please explain on page 3.
Has a personal representative of the decedent been appointed prior to this date by a Court in this state or
elsewhere?
NO
9.
YES If yes, please explain, on page 3.
Has a guardian or conservator ever been appointed for this person?
NO
8.
YES If yes, please explain, on page 3.
YES If yes, please state circumstances authorizing tardy probate on page 3.
The decedent died with a personal estate of about the value of
and real estate of about the value
of
. (A full inventory and appraisement, Form #350PC, must be filed within 90 days.) If decedent
was non-resident, please attach South Carolina Commission form ET 101.
After the exercise of reasonable diligence, are you aware of any unrevoked will and/or codicil(s), other
than the one(s) attached hereto, relating to property in this State?
NO
FORM #300PC (7/2005)
YES If yes, please explain on page 3 and then proceed to Section II.
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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 authenticated copy of a will probated in another jurisdiction is attached
An authenticated copy of a will not probated in another jurisdiction is attached
The will is lost, destroyed, or otherwise unavailable, however, a description of its contents is
attached
2.
Do you believe, to the best of your knowledge, the will described above was validly executed?
Yes
3.
NO If no, please explain on page 3.
The date of execution of the will was:
codicil(s):
4.
Are you aware of any instrument or document amending or revoking the will?
NO
5.
Have you exercised reasonable diligence to determine there is no instrument or document revoking the
will?
YES
6.
YES If yes, please explain on page 3.
NO If no, please explain on page 3.
Do you believe the will defined in “1" above is the decedent’s last will?
YES
NO If no, please explain on page 3.
COMPLETE EXPLANATION (S) FOR QUESTIONS IN SECTIONS I and II HERE.
(If more space is required, use additional sheet.)
FORM #300PC (7/2005)
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III.
IF APPLYING FOR INFORMAL OR FORMAL APPOINTMENT, PLEASE COMPLETE THE FOLLOWING.
1.
2.
Priority for this appointment is:
named as Primary Personal Representative in will
named as Alternate Personal Representative in will
nominee of above Primary Personal Representative in will
nominee of above 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
surviving spouse of decedent or nominee of said spouse
other heir of decedent (describe):
creditor (Forty-five days after death must have passed), or nominee of creditor
other (describe):
3.
IV.
The name(s) and address(es) of the proposed Personal Representative(s) is/are:
List below the names of any other persons, if any, having a prior or equal right of appointment (see
priority above).
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
, 20
Notary Public for South Carolina
My Commission Expires:
day of
Signature:
Name:
Address:
E-mail:
Telephone (O):
(H):
ORDER OF INFORMAL PROBATE
this
IT IS HEREBY ORDERED that the above application for probate of a will be
day of
, 20
.
GRANTED
DENIED informally
, Probate Court Judge
FORM #300PC (7/2005)
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ORDER FOR HEARING ON FORMAL PETITION
IT IS HEREBY ORDERED that a hearing on this matter be set for:
DATE:
TIME:
PLACE:
Pursuant to Section 62-1-401, the petitioner is ordered to give notice of this hearing to all interested persons at
least twenty (20) days prior to the hearing.
Executed this
day of
, 20
.
, Probate Court Judge
ORDER OF FORMAL TESTACY
On hearing of the above petition, this Court finds that the person is deceased, venue is proper, and the
proceeding was commenced within appropriate time limits.
The Court further finds that
the decedent died intestate. The heirs are:
the decedent died testate. IT IS HEREBY ORDERED that the Last Will and Testament of the above-named
decedent, dated,
, be admitted formally to probate.
Executed this
day of
, 20
.
, Probate Court Judge
SEE ATTACHED ORDER
ORDER OF APPOINTMENT
IT IS HEREBY ORDERED that the above application/petition for appointment be granted upon the filing of a bond
as appropriate, qualification and acceptance.
Executed this
day of
, 20
.
, Probate Court Judge
FORM #300PC (7/2005)
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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.
Signature:
Name:
Address:
E-mail:
Telephone (O):
(H):
Signature:
Name:
Address:
E-mail:
Telephone (O):
(H):
Attorney:
Address:
E-mail:
Telephone (O):
FORM #300PC (7/2005)
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