
South Carolina Probate Forms
South Carolina probate forms guide for estate opening, inventory, creditor claims, accounting, small estates, and county packet checks.
South Carolina probate forms start with the filing path. The same estate may need an opening application, a death certificate, notice documents, inventory forms, accounting forms, small-estate papers, or a verified closing statement. The form number matters, but the county Probate Court still controls local filing instructions, copies, fees, and review steps.
Use this South Carolina probate forms guide as a source map, not a filing packet. If you are still choosing a path, start with the South Carolina probate guide. If you are sorting the first week after a death, use South Carolina first steps. If you need a broader packet checklist for records, IDs, title papers, and receipts, use the South Carolina estate forms checklist.
For blank court forms, start with the South Carolina Judicial Branch Probate Court forms search. Then compare the statewide form to the county Probate Court packet before signing or mailing anything.
Which South Carolina Probate Forms Source to Use
South Carolina probate forms usually come from two places: the statewide Judicial Branch forms search and the county Probate Court. The statewide search gives you the base Probate Court form. The county office tells you which forms, copies, appointment steps, and payment rules fit the estate.
| Need | Starting source |
|---|---|
| Probate a will or ask for appointment | 300ES and county Probate Court packet |
| Add heirs, devisees, or successors | 301ES if the packet needs more names |
| Give up or nominate appointment rights | 302ES when the county asks for renunciation or nomination |
| Address bond waiver | 344ES when bond waiver is part of the filing path |
| Use a small-estate affidavit | 420ES and Section 62-3-1201 checks |
| File inventory | 350ES short form, long form, continuation sheet, or county inventory instructions |
| Handle creditor notice or claims | 370ES, 371ES, 376ES, and county notice instructions |
| File accounting or settlement papers | 361ES, 412ES, 410ES, 421ES, and county closing instructions |
Do not treat this table as a county packet. It is a planning list. County Probate Courts may ask for forms in a different order, extra copies, local coversheets, proof of death, publication proof, mailed notice proof, or a hearing date.
Opening an Estate With 300ES
The South Carolina Judicial Branch lists 300ES as the mandatory Application (Informal) / Petition (Formal) for Probate of Will or Appointment. This is the main starting form when the estate needs a Probate Court decision about a will, appointment of a personal representative, or both.
Before using 300ES, answer these questions:
- Was there an original will?
- Who has the original will now?
- Did someone with custody of the will already deliver it to the Probate Court?
- Is the filing informal, formal, or uncertain?
- Who wants appointment as personal representative?
- Does anyone with priority need to renounce or nominate another person?
- Does the estate need bond, a bond waiver, or more county review?
- Which county Probate Court should handle the filing?
South Carolina Code Section 62-2-901 gives a will-custody rule. A person with custody of a will must deliver it to the Probate Court or to the named personal representative within thirty days after actual notice or knowledge of death. Use that deadline as an early document task, even if the family is still deciding whether a full estate case is needed.
Supporting Opening Forms
Opening papers often need more than one document. South Carolina probate forms listed by the Judicial Branch include 301ES for additional devisees, heirs, or successors; 302ES for renunciation, nomination, or waiver of bond; and 344ES for waiver of bond.
These forms answer different questions:
- 301ES helps add people when the opening form does not have enough room.
- 302ES can document that a person gives up, nominates, or waives a right tied to administration.
- 344ES can support a bond waiver when the facts and county packet allow it.
Do not guess on priority or bond. If heirs disagree, a nominated personal representative cannot serve, a creditor objects, or the will has unclear language, pause before signing. The county Probate Court can tell you which blank forms are used for intake, but it cannot give personal legal advice about rights or strategy.
Use the South Carolina letters testamentary guide when the form question is really about executor authority, appointment proof, or certified copies after the Probate Court appoints a personal representative. If no will exists, use the South Carolina probate without a will guide before choosing administrator, heir-list, renunciation, or nomination papers.
Small-Estate Affidavit Form 420ES
Many families search for a South Carolina small estate affidavit. The Judicial Branch lists 420ES as the Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings.
The statute behind that path is South Carolina Code Section 62-3-1201. Current Article 3 text says the affidavit path involves personal property, a thirty-day wait after death, no pending or granted personal-representative appointment, and a probate-estate value that does not exceed $45,000 after liens and encumbrances.
Use the South Carolina collection by affidavit guide when Form 420ES, affidavit statements, Probate Judge approval, and holder delivery are the main work.
That path is narrower than people expect. It is not a shortcut for every estate, every title, or every bank account. It also does not settle all creditor, tax, family, or title questions. Before using 420ES, check:
- whether at least thirty days have passed
- whether any application or petition for a personal representative is pending or granted
- whether the probate estate fits the $45,000 threshold
- whether the asset is personal property that can be collected by affidavit
- whether the holder will accept the affidavit plus death proof
- whether a county filing or court review step is needed first
Use the South Carolina county probate directory to find the local Probate Court before relying on a small-estate packet.
Inventory and Appraisement Forms
After appointment, South Carolina probate forms can shift from opening papers to administration papers. The Judicial Branch lists Inventory and Appraisement forms under the 350ES series, including short form, long form, continuation sheet, and subsequent administration inventory.
South Carolina Code Section 62-3-706 says a personal representative generally prepares and files an inventory and appraisement of probate property within ninety days after appointment, unless the court extends the time or another rule applies. The statute also describes listing probate property with reasonable detail and date-of-death fair market value.
That means the inventory stage needs records, not just a blank form. Gather:
- bank and brokerage statements
- vehicle titles and loan payoff records
- deeds, tax bills, and mortgage records
- business ownership records
- household property lists where needed
- debt records and liens
- date-of-death value support
- appraiser information when the estate uses an appraiser
The South Carolina estate transfers tracker can help separate probate assets from beneficiary-designated, survivorship, trust, and title-controlled assets before the inventory is drafted. Use South Carolina beneficiary designations when the form packet depends on POD, TOD, retirement, insurance, or title beneficiary records. Use the South Carolina asset transfer guide when a specific account, title, vehicle, real estate, trust, or beneficiary asset needs a deeper path.
Use the South Carolina probate inventory guide when the estate needs date-of-death values, 350ES planning, lien records, appraiser notes, or asset workpapers before filing.
Creditor Notice and Claim Forms
Creditor forms are not just paperwork. They affect timing and distribution risk. South Carolina Judicial Branch forms include Notice to Creditors 370ES, Statement of Creditor's Claim 371ES, and Written Notice to Creditors 376ES.
South Carolina Code Section 62-3-801 describes published notice to creditors after appointment and gives the publication claim window. Section 62-3-803 describes claim presentation limits. The timing can depend on published notice, mailed notice, known creditors, and estate facts, so do not reduce creditor work to one date on a checklist.
Use the South Carolina probate creditor claims guide when claim deadlines, claim statements, allowance, disallowance, payment order, or reserves need a separate workpaper.
Before distributing money or property, keep:
- proof of publication
- mailed notice copies
- returned mail records
- creditor claims
- claim allowance or disallowance notes
- receipts for paid claims
- court instructions about disputed claims
If the estate may be insolvent, has medical bills, has disputed creditor claims, or includes real estate that may be sold, get legal advice before choosing which claim to pay.
Accounting, Settlement, and Closing Forms
South Carolina probate forms also include later-stage papers. The Judicial Branch lists Accounting 361ES, Application for Settlement 412ES, Proposal for Distribution 410ES, and Verified Statement to Close Estate 421ES.
The right closing path depends on the estate. A full administration may need accounting, proposal for distribution, settlement papers, notice records, tax records, and receipts. A qualifying small estate may use a different South Carolina summary administration path tied to Sections 62-3-1203 and 62-3-1204.
Use the South Carolina estate accounting and distribution guide when the form question is about 361ES, 410ES, 412ES, receipts, releases, deeds of distribution, or settlement records.
Closing records usually work better when they are built from the start. Keep filed copies, receipts, statements, sale records, claim records, tax records, and distribution receipts together as the estate moves. Waiting until the closing form is due can turn a record problem into a court problem.
Forms That Are Not Probate Authority
Some records belong in the estate file but do not give someone authority to act as personal representative.
Death certificates help prove death. Use the South Carolina death certificate guide when you need certified copies for banks, insurers, title offices, and Probate Court filings.
Vehicle title papers answer SCDMV questions. Use the South Carolina vehicle transfer guide before signing a title or assuming a Probate Court form is enough for a vehicle transfer.
Tax forms answer tax questions. They do not replace Probate Court appointment papers, certified letters, or title transfer documents. Keep tax records with the estate file, but do not treat a tax filing as proof that one person has authority over all assets.
County Packet Checks Before Filing
Before filing South Carolina probate forms, ask the county Probate Court these questions:
- Is this the right county for the estate?
- Does the court want the original will in person, by mail, or by appointment?
- Which form set fits the estate path?
- Does the court require a certified death certificate?
- Are extra heirs, devisees, renunciations, or bond papers needed?
- How many copies should be filed?
- What fees are due now, and what fees may depend on inventory value?
- Does the court require publication proof or mailed notice proof at filing?
- How are certified copies or letters requested?
- Are local instructions different from the statewide form page?
Start with the South Carolina Probate Court overview and the South Carolina county probate directory. Then keep the county URL, access date, call notes, filing receipt, and returned documents in the estate file.
Next Steps
- Choose the estate path before downloading forms.
- Pull the current South Carolina probate forms from the Judicial Branch forms search.
- Compare the form list to the county Probate Court packet.
- Gather death certificates, the original will, heir and devisee names, asset records, debts, title records, and tax notices.
- Confirm fees, copy counts, submission method, and appointment rules.
- Keep filed forms, receipts, source notes, and court instructions together.
South Carolina probate forms are easier to use when the filing path is clear. Start with the Probate Court source, confirm county packet rules, and avoid distributing estate property until authority, title, creditor, and family questions are understood.
Source Notes
- Title: Court Forms. Publisher: South Carolina Judicial Branch. Publication Date: Current court forms page, accessed 2026-06-04. URL: https://www.sccourts.org/court-forms/?courtType=PC
- Title: Probate Court. Publisher: South Carolina Judicial Branch. Publication Date: Current court page, accessed 2026-06-04. URL: https://www.sccourts.org/courts/trial-courts/probate-court/
- Title: South Carolina Probate Code Article 2. Publisher: South Carolina Legislature. Publication Date: Current official code page, accessed 2026-06-04. URL: https://www.scstatehouse.gov/code/t62c002.php
- Title: South Carolina Probate Code Article 3. Publisher: South Carolina Legislature. Publication Date: Current official code page, accessed 2026-06-04. URL: https://www.scstatehouse.gov/code/t62c003.php
- Title: South Carolina death records page. Publisher: South Carolina Department of Public Health. Publication Date: Current agency page, accessed 2026-06-04. URL: https://dph.sc.gov/public/vital-records



