Probate Application (Mandatory) Form. This is a South Carolina form and can be use in Probate Court Statewide.
Tags: Probate Application (Mandatory), 300ES, South Carolina Statewide, Probate Court
FORM #300ES (03/2018) 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, 44-23-1090, 44-23-1120 STATE OF SOUTH CAROLINA ) IN THE PROBATE COURT ) COUNTY OF: ) ) IN THE MATTER OF: ) ) CASE NUMBER: (Decedent) ) *C OMPLETE THIS SECTION ONLY IF FILING PETITION FOR FORMAL TESTACY AND/OR FORMAL APPOINTMENT * , Petitioner(s) vs. * , Resp ondent(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 3 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 (W ork): (Home): (Cell): Email: Relationship to Decedent: 2. Decedent Information: Full Legal Name (in cluding 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: American LegalNet, Inc. www.FormsWorkFlow.com FORM #300ES (03/2018) Page 2 of 6 4 ( a ) . Names and addresses of beneficiaries (devisees) named in the Will . Full Legal Name (including al l known names) Year of Birth Full Address Relationship to Decedent See attached for additional devisees (check if applicable). 4 ( b ) . Names and addresses of intestate heirs who are not devisees (persons who inh erit if Decedent left no W ill). Full Legal Name (including al l known names) Year of Birth Full Address Relationship 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 3. 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 3. 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 3. 7. Has a Guardian or Conservator ever been appointed by a Court for this person? NO YES If yes, please explain on page 3. 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 3. 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 3. American LegalNet, Inc. www.FormsWorkFlow.com FORM #300ES (03/2018) Page 3 of 6 10. Have more than ten (10) years passed since the Decedent NO YES If yes, please state circumstances authorizing tardy probate on page 3. 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 valu es 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 inve ntory of probate assets with fair market values is to be filed after Personal Representative is appointed.) 12. Have you made a diligent search for a Will of the Decedent? YES NO If no, please explain on page 3 below. II. IF A WILL EXISTS, PLEASE COMPLETE THIS SECTION. 1. Regarding the DecedentWill: The original is attached. . 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 Decedentvalidly executed last Will? YES NO If no, please explain on page 3. 5. To the best of your knowledge, is any witness to the will i.e., does the will make any devise to a ? NO YES If yes, please explain on page 3. COMPLETE EXPLANATION(S) FOR QUESTIONS IN SECTIONS I and II HERE. (If more space is required, use additional sheets.) American LegalNet, Inc. www.FormsWorkFlow.com FORM #300ES (03/2018) Page 4 of 6 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 surviving spouse of Decedent or nominee of said spouse 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 undersi SWORN to before me this day Signature of Applicant/Petitioner : of , 20 Notary Public for South Carolina My Commission Expires: SWORN to before me this day Signature of Co - Applicant/Co - Petitioner: of , 20 Notary Public for South Carolina My Commission Expires: American LegalNet, Inc. www.FormsWorkFlow.com FORM #300ES (03/2018) Page 5 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 . , Prob