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) |
|