Petition for Probate of Will and for Letters Testamentary (South Carolina)

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

South Carolina probate is initiated on a mandatory statewide form: Form 300ES,
Application (Informal) / Petition (Formal) for Probate of Will or Appointment, filed
in the Probate Court for the county of the decedent's domicile. This template provides
the substantive legal content to help you prepare; you must transfer your content to
Form 300ES (and supporting forms such as 305ES Information to Heirs and Devisees, 340ES
Statement of Value, 341ES Fiduciary Bond, and 344ES Waiver of Bond) before filing. The
official forms are available at https://www.sccourts.org/court-forms/?courtType=PC.
Do not file this document directly with the court.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE PROBATE COURT OF [COUNTY] COUNTY, STATE OF SOUTH CAROLINA

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Heirs at Law (for Notice)
7. Nomination and Priority of Personal Representative
8. Bond
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Case No.: [____________________________________]

This proceeding is brought as: ☐ Formal Probate (Petition) ☐ Informal Probate (Application)

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], South Carolina [ZIP CODE]
County of Residence: [COUNTY]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Person named as Executor (Personal Representative) in the Decedent's Last Will and Testament.
Interest of Applicant (§ 62-3-301(a)(1)(i)): [________________________________]

3. DECEDENT INFORMATION

4. JURISDICTION AND VENUE

a. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____].

b. The Decedent was domiciled in [COUNTY] County, South Carolina at the time of death; venue is therefore proper in this Probate Court under S.C. Code Ann. § 62-3-201.

c. ☐ The Decedent was not domiciled in South Carolina but owned property located in [COUNTY] County, establishing venue under § 62-3-201.

d. Under S.C. Code Ann. § 62-3-102, the Will must be declared valid by an order of informal probate or an adjudication of formal probate to be effective to transfer property or to nominate a personal representative.

e. The time limit for probate has not expired: ☐ ten years or less has passed since death; or ☐ circumstances under § 62-3-108 authorizing tardy probate apply (§ 62-3-301(a)(1)(vi)).

f. ☐ Petitioner is unaware of any personal representative previously appointed in this State or elsewhere whose appointment has not been terminated (§ 62-3-301(a)(1)(iv)).

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered is the Decedent's Last Will and Testament dated [__/__/____] ☐ together with the following Codicil(s): [__________________________].

b. The original Will ☐ is in the possession of the Court ☐ accompanies this Petition ☐ an authenticated copy of a Will probated in another jurisdiction accompanies this Petition (§ 62-3-301(a)(2)(i)).

c. To the best of Petitioner's knowledge, the Will was validly executed (§ 62-3-301(a)(2)(ii)), and after the exercise of reasonable diligence Petitioner is unaware of any instrument revoking the Will and believes this instrument to be the Decedent's last Will (§ 62-3-301(a)(2)(iii)).

d. Self-proving status:
☐ The Will is self-proved by a self-proving affidavit of the testator and witnesses executed under S.C. Code Ann. § 62-2-503, and no further proof of execution is required.
☐ The Will is not self-proved; proof of due execution will be made by the testimony or affidavit of a subscribing witness.

e. Subscribing witnesses to the Will:

6. DEVISEES AND HEIRS AT LAW (FOR NOTICE)

The following persons are the devisees under the Will and the heirs at law of the Decedent (determined as if the Decedent died intestate), entitled to notice under S.C. Code Ann. § 62-3-301(a)(1)(ii) and § 62-3-403:

Devisees / Legatees named in the Will:

Heirs at Law (intestate takers, for notice):

7. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

a. The Decedent's Will nominates [PETITIONER FULL LEGAL NAME] as Executor / Personal Representative.

b. As the person named as executor in the Will, Petitioner has first priority for appointment under S.C. Code Ann. § 62-3-203(a)(1).

c. Petitioner is qualified and is not disqualified from serving as Personal Representative under § 62-3-203 and § 62-3-601 (Petitioner is of legal age and competent).

d. ☐ The Personal Representative(s) named with prior or equal right have renounced or consented (attach Form 302ES Renunciation / Nomination).

8. BOND

Under S.C. Code Ann. § 62-3-603, bond is not required of a personal representative unless the court orders bond, except as provided by statute. Petitioner requests the following:

☐ Bond is waived because the Will expressly directs that the Personal Representative serve without bond (attach Form 344ES Waiver of Bond).
☐ Bond is waived because all heirs and devisees agree to waive the bond requirement (attach Form 344ES).
☐ Bond is not required because the Personal Representative is the sole heir or sole devisee.
☐ Petitioner will furnish bond (Form 341ES Fiduciary Bond) in the amount of $[________________], computed per Form 340ES (Statement of Value and Income for Purpose of Bond).

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

a. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any Codicil) to probate;

b. Find and adjudge that the Decedent died testate and that the Will was validly executed;

c. Appoint Petitioner as Personal Representative (Executor) of the Estate;

d. Issue Letters Testamentary to Petitioner upon qualification;

e. Determine bond is waived or fix bond in an appropriate amount as set forth above;

f. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], the Petitioner, declare under penalty of perjury under the laws of the State of South Carolina that the foregoing Petition is true, accurate, and complete to the best of my knowledge and belief.

Executed on [__/__/____] at [CITY], South Carolina.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE / NOTICE

In a formal proceeding, notice of the hearing on this Petition must be given to all interested persons in compliance with S.C. Code Ann. § 62-3-403 and § 62-1-401, not less than twenty (20) days before the time set for the hearing, by mailing and, where required, by publication.

☐ Notice of hearing mailed to each interested person at least 20 days before the hearing (§ 62-3-403, § 62-1-401(2))
☐ Notice published once a week for three consecutive weeks in [NEWSPAPER NAME], a newspaper of general circulation in [COUNTY] County (§ 62-1-401(3)), where addresses are unknown
☐ Delivery confirmed by Proof of Delivery (Form 120PC)

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
South Carolina Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Form 300ES — Application (Informal) / Petition (Formal) for Probate of Will or Appointment
☐ Original Last Will and Testament and all Codicils (or authenticated copy if probated elsewhere)
☐ Self-proving affidavit (§ 62-2-503) or Affidavit of Subscribing Witness
☐ Certified copy of Death Certificate
☐ Form 305ES — Information to Heirs and Devisees
☐ Form 301ES — Additional Devisees/Heirs/Successors (if needed)
☐ Form 302ES — Renunciation / Nomination / Waiver of Bond (if applicable)
☐ Form 340ES — Statement of Value and Income for Purpose of Bond (if bond required)
☐ Form 341ES — Fiduciary Bond (if bond required)
☐ Form 344ES — Waiver of Bond (if waived)
☐ Proof of mailing / publication of Notice of Hearing (Form 326ES)
☐ Filing fee payment

Sources and References
- S.C. Code Ann. §§ 62-3-101 to 62-3-414, 62-3-601 to 62-3-606 (Probate of Wills and Administration)
- S.C. Code Ann. § 62-2-503 (Self-proved wills)
- South Carolina Judicial Branch Probate Court Forms: https://www.sccourts.org/court-forms/?courtType=PC