We get calls and emails regarding lost Probate Court forms. These usually come on bank holidays or after hours when the court is closed and someone has finally decided to work on the estate but can’t find their forms. While the court is always happy to mail out new forms, the best strategy is to save this link and have them available to download 24/7. The forms are identical statewide so it’s not important which county the estate is in. This is also useful so that you don’t have to worry about writing on forms or messing up an online version by entering data.
These are the five (5) common forms people request:
300ES – This form is used to open an estate under either the formal or informal process. Called an application or petition for probate.
305ES – This is one of the first forms needed to inform heirs and devisees of the opening of an estate. Called information to heirs and devisees.
352ES – There are a lot of legitimate reasons that estates need additional time to file certain documents. the estate might have tax issues, pending litigation or other factors that require an extension of time. This is the form you file to let the court know what’s going on and get permission to file your paperwork later.
361ES – This is the accounting form. The same form is required regardless of whether this is a final accounting or an interim accounting.
410ES – Before most estates can be properly closed, you need to submit a proposal for distribution which lets the court and beneficiaries know what the plan is to close the estate. This is the required form.
South Carolina Probate Court is a form driven court and many estates can be administered without legal counsel using only these forms. However, if you have any questions about these forms or need to consult with an attorney regarding special issues in the area of probate, please contact us.