How to Fill Out South Carolina Probate Forms 300ES and 420ES

To fill out South Carolina probate forms, start by choosing the right one: Form 420ES, the Affidavit for Collection of Personal Property, if the estate is worth $45,000 or less and includes no real estate, or Form 300ES, the Application for Informal Probate, for everything else. Both are available through the South Carolina Courts website or your county probate court office. Each form asks for the same core information — who died, where they lived, what they owned, and who should inherit — but the level of detail and the follow-up obligations differ sharply between them.

Which Form Applies to Your Situation

Form 420ES is the shortcut. It can only be used when the total probate property, minus debts and liens, is $45,000 or less, when the decedent owned no real estate that would pass through probate, when at least 30 days have passed since the death, and when no other probate case has been opened for the same person. South Carolina raised the dollar threshold to $45,000 in 2025, and some county offices still have older forms printed with the previous $25,000 figure; go by the current statute rather than any number pre-printed on the form.¹

Form 300ES is the standard application and serves as the opening document for most estates. It works for both informal probate, which moves through the court with minimal hearings, and formal probate, which requires additional filings. If the estate holds any real estate, or if its value exceeds the $45,000 small-estate limit, Form 300ES is the form you need.

What to Gather Before You Open Either Form

Chasing missing information mid-filing is the single most common reason people have to restart. Pull everything together first.

The Original Will and a Certified Death Certificate

If the decedent left a will, the court needs the original signed document. Photocopies and scans are not accepted. Anyone holding a will must deliver it to the probate judge within 30 days of the death. Missing that deadline does not necessarily block probate, but it can create complications and personal liability.

You also need a certified copy of the death certificate. Since July 2024, South Carolina vital records are handled by the Department of Public Health rather than the former DHEC. Immediate family and legal representatives can order one through the DPH State Vital Records Office in Columbia or through an authorized online vendor.² The certificate establishes the date and county of death, which fix your filing deadline and the court with jurisdiction.

An Asset List With Values

Every probate form asks for a financial picture of the estate as of the date of death. Write down bank accounts, vehicles, real estate, investment accounts without beneficiary designations, and personal property like jewelry or collectibles, along with account numbers, property addresses, and vehicle identification numbers, and the fair market value of each. The total determines which form you can use, how much you pay to file, and the level of court oversight.

Separate out the assets that skip probate entirely. Life insurance with named beneficiaries, retirement accounts with designated recipients, jointly owned property with survivorship rights, and payable-on-death bank accounts all transfer directly to the named person and do not belong on your probate forms. Listing them inflates the estate’s reported value and can push you into a higher filing fee tier than you actually owe.

Names and Addresses of Everyone the Court Needs to Notify

The court requires the full legal name and current mailing address of every heir and every person named in the will. Heirs are those who would inherit under state law without a will; devisees are people specifically named in a will. If there is no will, list only heirs. An incomplete or inaccurate list can get your filing rejected or force you to pay for re-notification.

Filling Out Form 300ES

Decedent Information and County

The top of the form asks for the county, the decedent’s full legal name, and basic identifying information. The county must be where the decedent was domiciled at death — the place they treated as their permanent home, where they voted, paid taxes, and kept their primary connections. The probate court in that county has exclusive jurisdiction, and listing the wrong county means your case will be dismissed or transferred at your expense.

Enter the date of death and check whether you are applying for informal probate, formal probate, or both. Formal proceedings require you to also file a Summons (Form SCCA 401PC) and pay a separate $150 statutory filing fee.³

Naming the Personal Representative

The personal representative is the person who will manage the estate. South Carolina law sets a priority order for appointment:¹

The executor named in a valid will
A surviving spouse who is also named in the will
Other people named in the will
A surviving spouse not named in the will
Other heirs
After 45 days, a qualifying creditor
After four months, a person nominated by the SC Department of Revenue

On the form, state the proposed personal representative’s relationship to the decedent and the basis for their standing to serve. If someone with higher priority is not the applicant, the form must show that everyone ahead has waived their right. A person with priority may also nominate someone else, and the nominee takes on that same priority level.

Bond

Form 300ES has a section where you indicate whether a bond is being waived and on what basis. Under Section 62-3-603, a bond is waived when the personal representative is named in the will (unless the will requires one), is the sole heir or devisee, is a bank or trust company, or when all heirs and devisees agree in writing to skip it.¹ For estates worth less than $20,000, the personal representative can file an affidavit accepting personal liability instead of posting a bond, provided all known beneficiaries consent. If no exception applies, the court sets the bond amount based on estate value, and the premium comes out of estate funds.

Filling Out Form 420ES

Form 420ES is sworn, so every entry has to be accurate and verifiable. Itemize every piece of personal property — bank accounts, vehicles, household goods, and the like — with account numbers, VINs, and the dollar value of each item. You must swear that all funeral expenses and final medical bills have been paid.

The probate judge reviews the affidavit and countersigns it if satisfied. The signed affidavit then functions as legal authorization that banks and other institutions must honor to release the decedent’s funds.⁴ If assets turn out to exceed $45,000 after you file, you will have to transition to a full probate case using Form 300ES.

Where to File and What It Costs

File in the probate court of the county where the decedent was domiciled at death. You can submit in person, and most counties accept mailed filings if the documents are properly notarized. Fees are set by state statute and scale with the gross value of the estate’s probate assets:

Under $5,000: $25
$5,000 to under $20,000: $45
$20,000 to under $60,000: $67.50
$60,000 to under $100,000: $95
$100,000 to under $600,000: $95 plus 0.15% of the value between $100,000 and $600,000
$600,000 and above: the amount from the prior tier plus 0.25% of the value above $600,000

So an estate worth $200,000 pays $95 plus 0.15% of $100,000, totaling $245. An estate worth exactly $100,000 pays $95. The schedule comes from South Carolina Code Section 8-21-770(B) and applies the same way in every county.⁵

What the Court Does After You File

Once the court accepts Form 300ES and appoints a personal representative, it issues official authorization documents. With a will, these are Letters Testamentary; without one, Letters of Administration. The letters are the personal representative’s proof of authority to access bank accounts, sell property, pay debts, and distribute assets.¹ Order several certified copies at once — many financial institutions want a recent one for each transaction.

Right after appointment, the personal representative publishes a notice to creditors in a newspaper of general circulation in the county, running once a week for three consecutive weeks. Creditors then have eight months from the first publication date to file claims.⁶ An outer limit also applies: all claims are barred one year after death regardless of notice.¹

Within 90 days of appointment, the personal representative must file an inventory listing every piece of probate property and its date-of-death value, and mail a copy to any interested person who has requested notice.¹ The court can extend that deadline on request, but missing it without an extension invites questions from beneficiaries and the court.

After debts are paid and the claim period has run, closing the estate involves a final accounting (Form 361ES) and a Termination of Appointment (Form 414ES). Keep clean records from day one; most disputes about a personal representative’s handling of an estate trace back to sloppy bookkeeping, especially commingling personal and estate funds.

1
South Carolina Legislature. South Carolina Code Title 62 – South Carolina Probate Code
2
South Carolina Department of Public Health. Death Certificates
3
Lexington County. Form 300ES – Application for Informal Probate/Petition for Formal Testacy and/or Formal Appointment
4
Lexington County Probate Court. Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (Form 420ES)
5
Charleston County Probate Court. Probate Court Fee Schedule
6
South Carolina Legislature. South Carolina Code 62-3-801 – Notice to Creditors