Form 300ES South Carolina: Informal Probate Application Steps

To fill out Form 300ES in South Carolina, you complete the Application/Petition for Probate/Appointment with information about yourself, the person who died, the will (if any), the heirs and devisees, and rough values of the estate’s property, then sign it in front of a notary and file it at the probate court in the decedent’s county. The form is the same document whether you’re opening an estate with a will or without one, and whether you’re pursuing informal or formal probate — a single checkbox near the top sets that track. You can download it from the South Carolina Judicial Branch website or pick up a copy at your county probate court office.¹

First Decide: Informal or Formal Proceeding

Form 300ES handles both tracks, and the box you check changes what else you file. Informal probate works when nobody disputes the will, all interested parties agree on who should manage the estate, and no complex legal issues need court intervention. The probate judge reviews your application without a hearing and, if everything checks out, issues your appointment.²

Formal probate is litigation. You use it when someone challenges the will, when you need the court to determine that the person died without a will, or when you want to set aside a previous informal probate. If you check the formal proceeding box, you must also file a summons using Form SCCA 401PC and pay a separate $150 statutory filing fee on top of the regular estate fees. A court hearing is likely.³ Most uncontested estates move through informal probate. If you’re not sure whether someone might object, talk to the other heirs before filing. Switching from informal to formal midstream is possible but adds time and cost.

Gather These Documents Before You Start

Having everything on hand saves trips back to the courthouse.

A certified copy of the death certificate. If it isn’t available yet, some counties will accept a copy of the obituary or funeral bill to get started, but you must file the certified death certificate as soon as it arrives.⁴
The original will, if one exists. If the original is lost or destroyed, you can attach a copy or written description of its contents and explain the circumstances on the form.³
Any memorandum disposing of tangible personal property. South Carolina law allows a separate written list directing who gets specific items like furniture or jewelry; attach it if one exists.
Renunciation forms (Form 302ES) from anyone with higher priority who doesn’t want to serve. That person can nominate someone else and waive the bond requirement on the same form. Signing a renunciation does not give up any inheritance; it only declines the management role.⁵
Names, addresses, and ages of all heirs and devisees. Note the exact age of anyone under eighteen.
Rough estimates of the estate’s real and personal property values. The form asks for approximate values, not appraisals. A detailed inventory comes later.

Working Through the Form Section by Section

Section I: Applicant and Decedent

Section I(1) is about you. Enter your full legal name (including any aliases), mailing address, phone numbers, email, and your relationship to the person who died. That could be spouse, child, creditor, or simply the person nominated in the will.⁶

Section I(2) covers the decedent: full legal name including any other names they went by, date of birth, date of death, and age at death.³

Section I(3) establishes venue, which is the legal reason this particular county’s court should handle the estate. If the person lived in the county at death, check that box and fill in the address. If they lived out of state but owned property in the county, check the second box and give the property’s address. A third option covers less common situations; if you select it, provide a written explanation of why the county has jurisdiction. Leaving this section incomplete or picking the wrong box is one of the most common reasons applications get delayed.⁶

Section II: The Will

Complete Section II only if the decedent left a will. Check the box indicating whether the original will is attached, already filed with the court, or unavailable (with an explanation). If you have an authenticated copy of a will probated in another state, there’s a specific checkbox for that.³ The form also asks whether a memorandum disposing of tangible personal property exists under SC Code 62-2-512; if so, attach it.

Heirs, Devisees, and Approximate Values

List every heir — anyone who would inherit under South Carolina intestacy law if no will existed — regardless of whether there is a will. If a will exists, also list all devisees named in it. For each person, give full legal name and current mailing address. Include the exact age of anyone under eighteen.² The statute requires you to identify these individuals “so far as known or ascertainable with reasonable diligence.” Do the homework, but if a distant heir’s address is genuinely unknown after a real search, note that on the form.

Sections 11(a) and 11(b) ask whether the decedent owned probate real estate and probate personal property. Check yes or no for each and, if yes, provide an approximate dollar value. These are estimates the court uses to assess filing fees and bond requirements. A formal inventory with fair market values is due within 90 days of your appointment.³

Whether You Have Priority to Sign as Applicant

South Carolina sets a priority order for who can be appointed personal representative. The person named in the will has the highest priority. After that, in order: a surviving spouse who is also a devisee, then other devisees, then a surviving spouse who is not a devisee, then other heirs. If no family member steps forward within 45 days of death, a creditor may apply. After four months, the SC Department of Revenue can ask the court to appoint someone.⁷

Certain people are disqualified. Anyone under eighteen cannot serve. Neither can a person the court finds unsuitable in a formal proceeding, nor a probate judge within their own jurisdiction (except for a family member’s estate, which must transfer to another county). Foreign corporations without a business presence in South Carolina cannot serve as personal representative for a South Carolina domiciliary’s estate.⁷

If someone with higher priority doesn’t want to serve, they file Form 302ES alongside your Form 300ES. They can renounce outright or renounce contingent on a specific person being appointed instead.⁵

Sign in Front of a Notary

The verification section at the end of Form 300ES requires your signature confirming that everything in the application is accurate and complete to the best of your knowledge and belief. This carries the weight of a sworn statement, and providing false information exposes you to perjury consequences. Sign in front of a commissioned South Carolina notary public, who will administer the oath and affix a seal.⁸ Many probate court offices have a notary on staff, so you can sign when you file. Call ahead to confirm.

Where to File and What It Costs

File the completed, notarized Form 300ES at the probate court in the county where the decedent lived. If the decedent was not a South Carolina resident, file in the county where their South Carolina property is located.³

Filing fees are set by state statute and based on the gross value of probate assets shown on the inventory. Most counties collect a $25 filing fee up front and bill the remainder after the inventory is filed. The full schedule under SC Code 8-21-770(B):

Under $5,000: $25
$5,000 to $19,999: $45
$20,000 to $59,999: $67.50
$60,000 to $99,999: $95
$100,000 to $599,999: $95 plus 0.15% of the value between $100,000 and $600,000
$600,000 and above: the amount from the previous tier plus 0.25% of the value above $600,000

⁹

For a formal proceeding, add the $150 statutory summons fee.³ A $300,000 estate owes $95 plus 0.15% of $200,000, or $395 in all. A $1 million estate reaches roughly $1,845.

When a Bond Is Required

A bond protects beneficiaries in case the personal representative mismanages assets, and South Carolina doesn’t always require one. You are exempt if all heirs and devisees agree in writing to waive the bond, if you are the sole heir or devisee, if you are a bank, trust company, or state agency (unless the will specifically requires a bond), or if you are named in the will as personal representative (unless the will specifically requires a bond).¹⁰

Even when a bond would otherwise be required, small estates can qualify for a waiver. If the gross estate is under $20,000, you file an affidavit certifying the value and agreeing to be personally liable for any mishandling, and all known beneficiaries sign a written consent.¹⁰

When a bond is required, the amount generally equals the personal representative’s best estimate of the total personal estate plus expected income for the next year. The court can reduce the bond if estate assets are deposited in a financial institution in a way that prevents unauthorized withdrawal.¹¹

After the Court Accepts the Application

Once the court accepts your application and appoints you, it issues Letters Testamentary (if there was a will) or Letters of Administration (if there wasn’t). These letters are your proof of authority. Banks, insurance companies, the DMV, and government agencies will ask to see them before releasing information or assets. Request several certified copies; you’ll need them for nearly every transaction involving the estate.

Within 90 days of your appointment, you must prepare and file a detailed inventory of all probate property the decedent owned at death, with each item’s fair market value as of the date of death and any liens or encumbrances. File the original with the probate court and mail copies to anyone who has filed a demand for notice.¹² The court can extend this deadline if you ask, but don’t let it slip without asking; the inventory is what the court uses to calculate your final filing fees.

1
South Carolina Judicial Branch. Court Forms
2
South Carolina Legislature. South Carolina Code 62-3-301 – Applications for Informal Probate or Appointment Contents
3
South Carolina Judicial Department. Form 300ES – Application/Petition for Probate/Appointment
4
Colleton County. Checklist of Items and Documents Required to Open an Estate
5
South Carolina Judicial Department. Renunciation of Right to Administration and/or Nomination and/or Waiver of Bond
6
Horry County Probate Court. Instructions for Completing Form 300ES Application for Informal Probate of Will/Appointment
7
South Carolina Legislature. South Carolina Code Title 62 Chapter 3 – Section 62-3-203
8
South Carolina Legislature. South Carolina Code 26-1-5 – Definitions
9
South Carolina Legislature. South Carolina Code 8-21-770 – Determination of Fees
10
South Carolina Legislature. South Carolina Code 62-3-603 – Bond Not Required Without Court Order Exceptions Waiver of Bond Requirement
11
South Carolina Legislature. South Carolina Code Title 62 Chapter 3 – Section 62-3-604
12
South Carolina Legislature. South Carolina Code Title 62 Chapter 3 – Section 62-3-706