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Election By Surviving Spouse To Take Elective Share Form. This is a South Carolina form and can be use in Probate Court Statewide.
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Tags: Election By Surviving Spouse To Take Elective Share, 404PC, South Carolina Statewide, Probate Court
STATE OF SOUTH CAROLINA
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COUNTY OF:
IN THE MATTER OF:
IN THE PROBATE COURT
ELECTION BY SURVIVING SPOUSE TO TAKE
ELECTIVE SHARE
CASE NUMBER:
The undersigned,
1.
, alleges:
I am the surviving spouse of the decedent in this matter, who died on or about
,
while domiciled in the State of South Carolina.
I elect to take my elective share of the decedent's estate.
This election is made within the later of eight months after the date of death or within six months after the probate
of the decedent's Will.
2.
3.
Executed this
day of
, 20
.
Signature:
Name:
Address:
Telephone (O):
(H):
Attorney:
Address:
Telephone:
NOTICE OF ELECTION FOR ELECTIVE SHARE
,
Notice is hereby given that an Election for Elective Share has been filed by
surviving spouse of
, deceased, praying for the computation of the estate and a
determination of the elective share of the Petitioner, and further praying for an order apportioning the balance due, if any,
of the elective share of the Petitioner, which matter will be heard in this Court on the
day of
,
20
, at
o’clock
M.
ORDER FOR HEARING
IT IS ORDERED that a hearing on this matter be set for:
DATE:
TIME:
PLACE:
(Order Continued on Next Page)
FORM #404PC (9/87)
62-2-205
Page 1 of 2
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Pursuant to SCPC Section 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 date.
Executed this
day of
, 20
.
, Probate Court Judge
ORDER
On the petition of the surviving spouse of the decedent in this matter for an order determining the elective share
of the surviving spouse in this estate and upon hearing, the Court finds that all interested persons have been served
proper notice of hearing, or have waived notice thereof; that the material allegations of the petition are true; that
is the surviving spouse of the Decedent, who died a resident of
County, South Carolina on the
day of
, 20
; and that on the
day of
, 20
, being within the time prescribed by law, the surviving spouse filed an election
to take the elective share in accordance with the laws of the State of South Carolina
$
IT IS HEREBY ORDERED that the amount of the elective share to which the surviving spouse is entitled is
.
IT IS FURTHER ORDERED that the Personal Representative(s) in this matter is directed on or before
to distribute to the surviving spouse the following assets of the estate in the following
manner in satisfaction of the elective share.
Executed this
day of
, 20
.
, Probate Court Judge
ORDER FOR DISAPPROVAL OR DENIAL
Upon hearing, IT IS HEREBY ORDERED that the above petition be denied as follows:
Executed this
day of
, 20
.
, Probate Court Judge
FORM #404PC (9/87)
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