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2013-11-18-02

The Supreme Court of South Carolina

Re: 2013 Probate Code Form Changes


ADMINISTRATIVE ORDER


Act No. 100 of 2013 substantially alters the Probate laws and procedures relating to estate administration, effective January 1, 2014.  Accordingly, it is necessary that certain uniform probate court forms be revised, deleted or created.  Therefore,

Pursuant to the provisions of S.C. Const. Art. V § 4, and upon recommendation of the Probate Court Judges Advisory Committee and the Probate Judges Association,

IT IS ORDERED that the attached list of eighty-six (86) revised and new Probate Court forms, incorporated by reference, are approved for use in the probate courts effective as of January 1, 2014.  Five (5) of the forms listed (300ES, 350ES LF, 350ES SF, 361ES, and 371ES) are mandated.  Mandated forms must include all language as provided on the approved forms.  All other uniform probate forms listed are designated as discretionary.  The 2014 revised forms supersede all previous versions of these forms.  Additionally, all current probate court forms relating to Estates and referenced with PC will be modified to reference ES.

These forms, with the exception of those noted for court use only, will be available on the South Carolina Judicial Department Website at www.sccourts.org located under the Probate Court Forms link.

IT IS SO ORDERED.

  s/Jean Hoefer Toal
Jean Hoefer Toal, Chief Justice

Columbia, South Carolina
November 18, 2013

South Carolina Probate Code Revision Form Changes

Form Number

Form Name

 

Form 109ES

Motion for Removal

(New)

Form 110ES

Notice of

(Revised)

Form 111ES

Waiver, Request or Demand for Notice

(Revised)

Form 112PC

Waiver of/ Request/Demand for

(Deleted)

Form 113ES

Demand for Hearing (Estates)

(New)

Form 120PC

Proof of Delivery

(Revised)

Form 121ES

Appointment of Agent for Service of Process

(Revised)

Form 122ES

Motion for Service by Publication

(Revised)

Form 123ES

Motion for Transfer of Venue

(Revised)

Form 124ES

Summons to Show Cause (dereliction of duties)

(Revised) (Court Use Only)

Form 125ES

Proof of Delivery of Non-Probate Property List

(New)

Form 127ES 

Proof of Delivery of Non-Probate Inventory List

(New)

Form 130ES

Order for Appointment of Guardian Ad Litem (GAL)

(Revised) (Court Use Only)

Form 131ES

Order for Hearing

(Revised) (Court Use Only)

Form 140ES

Fiduciary Letters

(Revised) (Court Use Only)

Form 141ES

Certificate of Appointment

(Revised) (Court Use Only)

Form 142PC

Certificate of Discharge

(Deleted)

Form 151ES

Request for Correction

(Revised)

Form 152PC

Petition to Vacate or Modify Previous Order

(Deleted)

Form 155ES 

Special Certificate

(New) 

Form 300ES

Probate Application

(Revised) (Mandatory)

Form 301PC

Order to Report on Decedent Search

(Deleted)

 

Form 302ES

Renunciation of Right to Administration and/or Nomination and/or Waiver of Bond

(Revised)

Form 303PC

Proof of Will/Codicil

(Deleted)

Form 304PC

Application for Commission For Proof of Will/Codicil

(Deleted) 

Form 305ES

Information to Heirs and Devisees

(Revised)

Form 306ES

Filing of Will for Record

(Revised)

Form 325ES

Creditor Release / Satisfaction of Claim

(New)

Form 326ES

Notice of Hearing

(New)

Form 327ES 

Demand for Non-Probate Property Inventory

(New)

Form 328ES

Closing Agreement         

(New)

Form 329ES

Application for Sale of Personal Property

(New)

Form 330ES

Application for Restraint or Performance of Personal     Representative

(Revised)

Form 331ES

Petition for Removal of Personal Representative

(Revised)

Form 332ES

Application/Petition for Appointment of Special Administrator

(Revised)

Form 333ES

Application/Petition for Successor Personal Representative

(Revised)

Form 334ES

Application for Subsequent Administration

(Revised)

Form 335ES

Statement of Resignation

(Revised)

Form 336ES

Exemplification Form

(New)

Form 337ES

Application for Settlement & Accounting of Subsequent    Administration

(New)

Form 340ES

Statement of Value and Income for Purposes of Bond

(Revised)

Form 341ES

Fiduciary Bond

(Revised)

Form 342ES

Demand for Bond

(Revised)

Form 343ES

Petition to Alter Amount of Bond

(Revised)

Form 344ES

Waiver or Request for Bond

(Revised)

Form 350ES LF

Inventory and Appraisement  LF

(Revised) (Mandatory)

Form 350ES SF

Inventory and Appraisement SF

(New) (Mandatory)

Form 350ES SF Cont.

Inventory and Appraisement SF – Continuation Sheet 

(New)

Form 350ES SQA

Subsequent Administration Inventory

(New)

Form 351ES

Motion for Appointment of Appraiser(s)

(Revised)

Form 352ES

Application/Petition for Extension

(Revised)

Form 355ES

Motion to be Relieved as Counsel

(New)

Form 356ES 

Notice of Intent to Appeal                      

(New)

Form 360PC

Accounting

(Deleted)

Form 361ES

Accounting

(Revised) (Mandatory)

Form 364ES

Waiver of Filing Requirements

(New)

Form 366ES

Affidavit of Adeemed or Abated Property

(New)

Form 370ES

Notice to Creditors

(Revised)

Form 371ES

Statement of Creditor's Claim

(Revised) (Mandatory)

Form 372ES

Notice of Disallowance of Claim

(Revised)

Form 373ES

Petition for Allowance of Claim

(Revised)

Form 374PC

Waiver of Defense of Limitations

(Deleted)

Form 375ES

Petition for Approval of Compromise

(Revised)

Form 376ES

Written Notice to Creditors

(Revised)

Form 380ES

Renunciation of Fee

(Revised)

Form 381ES

Petition for Review of Employment/Compensation

(Revised)

Form 382ES

Petition for Omitted Spouse

(New)

Form 383ES

Petition for Omitted Child

(New)

Form 390PC

Petition for Administration Under Part 5

(Revised)

Form 400ES

Deed of Distribution

(Revised)

Form 401ES

Receipt

(Revised)

Form 402PC

Receipt and Distribution Agreement

(Deleted)

Form 403ES

Receipt and Release with Waiver

(Revised)

Form 404ES

Petition for Elective Share

(Revised)

Form 405PC

Waiver or Withdraw of Elective Share 

(Deleted)

Form 406ES

Petition for Determination of Apportionment of Taxes

(Revised)

Form 407PC

Affidavit for Payment/Delivery to Foreign Fiduciary

(Deleted)

Form 408PC

Demand for Jury Trial

(Deleted)

Form 409ES

Affidavit of Due Diligence

(New)

Form 410ES

Proposal for Distribution

(Revised)

Form 411PC

Application for Discharge of Liens and Sureties

(Deleted)

Form 412ES

Application for Settlement

(Revised)

Form 413ES

Order Closing Estate

(Revised) (Court Use Only)

Form 414ES

Termination of Appointment

(Revised) (Court Use Only)

Form 416ES

Notice of Right to Demand Hearing

(Revised)

Form 417ES

Petition to Deny or Limit Inheritance    

(New)

Form 420ES

Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings

(Revised)

Form 421ES

Verified Statement to Close Estate (62-3-1204)

(Revised)

Form 430ES

Petition for Sale of Real Estate

(Revised)

Form 435ES 

Exempt Property Claim

(New)

Form 445ES

Affidavit of Heirs           

(New)

Form 446ES

Affidavit of Distribution for Personal Property

(New)

Form 447PC

Filing of Disclaimer for Record

(New)

Form 454ES

Additional Signature for Informal Administration

(New)

Form 480ES 

Safe Deposit Affidavit

(New)

Form 481ES 

Probate Rule 5 – Proof of ADR

(New)

Form 482ES 

Bank Balance Affidavit

(New)

Form 483ES 

Certificate of Filing

(New)

SCCARecusal 

Request for Recusal

(Revised) (Court Use Only)