Kathy G. Ward, Probate Judge R. Allen Beverly Jr., Chief .
HORRY COUNTY PROBATE COURTHORRY COUNTY GOVERNMENT AND JUSTICE CENTER1301 SECOND AVENUE, CONWAY, SOUTH CAROLINA 29526P. o. box 288, CONWAY, SOUTH CAROLINA 29528- 0288Phone (843) 915 - 5370 Fax (843) 915 - 6371www.horrycounty.org/probatecourtKathy G. Ward, Probate JudgeR. Allen Beverly Jr., Chief Associate JudgeDonna H. Lupo, Associate JudgeSATELLITE OFFICE9630 Scipio Lane, suite fMyrtle Beach, SC 29588Phone: (843) 915- 5371Fax: (843) 205 - 6373SATELLITE OFFICE107 Hwy 57 North, Box 8Little River, SC 29566Phone: (843) 915 - 5372Fax: (843) 399 - 4374Please accept our condolences for your loss. We understand this is a very difficult and emotionaltime for you and we are committed to making the probate process as easy for you as possible.Our role is to help you report information and transfer assets correctly. However, we cannot givelegal advice.To begin the process, please complete the Application for Informal Probate ofWill/Appointment which is attached.Please follow the checklist below for other necessary documents.Mail or drop off the completed documents to our office.We will review the documents and contact you to schedule the opening appointment.1. Application for Probate of Will/Appointment you must fill out this form completely. You can type orhandwrite in ink Your opening appointment cannot be scheduled until all information is provided.2. Decedent’s original Last Will and Testament and any and all original Codicils and Memorandums.3. Certified copy of the Decedent’s Death Certificate.4. Probate Court Worksheet This will help us determine if there are assets that need to be transferred by theSUREDWH SURFHVV RU LI DQ IILGDYLW IRU &ROOHFWLWill and Testament needs to be probated only.
5. Copy of the Obituary OR Funeral Program which lists the surviving family members. A Family Tremay be quirde to ntifdey pre-ddesca hirse nda their n.hildrec6. Copy of the paid funeral bill and/or funeral bill showing the outstanding balance.7. Copy of all Deeds for real property that the Decedent had an interest in.8. Renunciation of Right to Administration and/or Nomination and /or Waiver of Bond, if applicable - if therpimay rsonpe nmeda in the Wil is tno oing to srve or if the rsonpe with prioty in an stae withou a ilwl(istaen )stae is not oing to vser, then seth forms rea drquie to be filed foreb na pointmea nca bedule.hsc9. Waiver of Bond, if applicable – fI the Dedentc di not have a Wil, bond is dquire unles the intsae irsheegra to wivea this quirment.10. Appointment of a Guardian ad Litem (GAL), if applicable - fI rthe rae minor nhildrec who iecrv omfr an,stae a GAL may be rqdeui prio to the pointame of a lrsonaPe prRentaiv.s11. The initial filing fee of 25.00 will be collected at your scheduled appointment, in addition to apublication fee of the Notice to Creditors (Newspaper fees are listed on website) and the initial filing feein the amount of 25.00 made payable to the Horry County Probate Court will be collected at yourappointment.Please be advised that an opening appointment usually lasts one hour.For questions please call 843-915-5370.You will find valuable information on our website::thp //w.wto.urecbpa .cotuynrh org:thp //w.wYou can download forms from our website:.ncotuyrh org/Desen/tarmp eCbatPro t/uro Fos.rm aspxPhysical Address:Horry County Government and Justice CenterHorry County Probate Court1301 Second AvenueConway SC 29526Mailing address:Horry County Probate CourtP.O. Box 288Conway SC 29528
HORRY COUNTY PROBATE COURT WORKSHEETA. REAL ESTATE (IN STATE AND OUT OF STATE)LOCATION (Street/City/State)Owner’s NameValueCEMETARY PLOT(S)(Owned by Decedent)Location:B. STOCKS, BONDS (in Decedent’s name alone)Stocks:Bonds:C. CASH, INDIVIDUAL BANK ACCOUNTS*, NOTES OWED TO DECEDENT*Joint Bank Accounts – See Schedule E.Cash on hand? yesno If yes, amount: Paycheck?yesno If yes, amount: From:Payable to:Refund checks? yesno If yes, amount: From:Payable to:From:Payable to:Mortgage due Decedent? yes no If yes, amount: From:Inheritance to be received by Decedent: yes no Describe:Bank/Company NameAmountChecking account(s):Savings account(s):C. D.(s):Other (list):
D. PART 1 – INSURANCE PAYABLE TO THE ESTATE:Company Name & Policy NumberFace ValuePART 2 – INSURANCE PAYABLE TO BENEFICIARY:Beneficiary NameCompany Name & Policy No.Face ValueE. JOINTLY OWNED PROPERTY (With Right of Survivorship)Exact Names on AccountBank/Company NameAmountCheckingAccount(s):Certificate(s)Of Deposit:Stocks:Bonds:Real Property:(Bring copy of Deed, if available)Other (list – vehicles, etc.):
F.MISCELLANEOUSHousehold Goods & Furnishings:Exact name on TitleYear/ModelValueVehicles (auto, etc.):Boat, motors, andTrailers:Mobile Homes:Farm Equipment:DescriptionBusiness owned:Jewelry (of value):Collectibles:Other (list):G.Approximate ValueTRANSFERS DURING DECEDENT’S LIFEBeneficiaryValueTrust:Life Estate:Savings Bonds (POD):Other (list):
H. POWERS OF APPOINTMENTDID DECEDENT hold a Power of Appointment given by another?If yes, bring a copy of the document creating the Power.Did DECEDENT hold any of the following titles at time of death?If yes, for whom?Guardian:yes noCustodian:yes noCommittee/Conservator:yes noTrustee:yes noEstate Representative:yes noOther (specify):I. ANNUITIESBeneficiary NameIRA:Company NameValuePension:401K:Keogh:Other (list):J. ENCUMBRANCES (Mortgages, Liens, Judgments, etc.)(House, Land, Automobile, etc.)Company NameDescriptionAmountOUTSTANDING DEBTS/BILLS OWED BY THE DECEDENT(Funeral, Hospital, EMS, Doctors, Credit Cards, etc.)Name of CreditorAmount Owed
STATE OF SOUTH CAROLINA)))))))COUNTY OF:IN THE MATTER OF:(Decedent)IN THE PROBATE COURTCASE NUMBER:*COMPLETE THIS SECTION ONLY IF FILING PETITIONFOR FORMAL TESTACY AND/OR FORMAL ATION FOR INFORMALPROBATE OF WILLAPPOINTMENT(check any that apply)*PETITION FOR FORMALTESTACYAPPOINTMENTIf this is a formal filing, please explain on page 3 or attach pleadings pursuant to SC Rules of Civil Procedure.*NOTE: IF THIS IS A FORMAL PROCEEDING, IN ADDITION TO THIS FORM PETITION, YOU MUST ALSO FILEA SUMMONS (FORM SCCA 401PC), AND PAY THE STATUTORY FILING FEE OF 150.00. A HEARING IN THEPROBATE COURT ON THE PETITION MAY BE REQUIRED.I.ALL APPLICANTS/PETITIONERS MUST COMPLETE THIS SECTION.1. Applicant/Petitioner(s):Address:Telephone (Work):(Home):(Cell):Email:Relationship to Decedent:2. Decedent Information:Full Legal Name(including all known names):Date of Birth:Date of Death:Age at Date of Death:3. Venue for this proceeding is proper in this County because:Decedent was domiciled in this County at date of death:Address:County: State: South Carolina.Decedent was not domiciled in South Carolina, but property of Decedent was located in this Countyat date of death at:Address: County: State: South CarolinaDecedent has a right to take legal action in this County because:If the above address is the address of a nursing home, prison, or other residential facility, please give the last addressof the Decedent prior to entering a facility:FORM #300ES (03/2018)62-2-504, 62-3-102, 62-3-203, 62-3-301, 62-3-302, 62-3-303, 62-3-308, 62-3-311, 62-3-401, 62-3-402, 62-3-404, 62-3-409, 62-3-414, 62-3-601, 62-3-602,62-3,704, 62-3-804, 44-23-1090, 44-23-1120
4(a).Names and addresses of beneficiaries (devisees) named in the Will.Full Legal Name(including all known names)Year of BirthFull AddressRelationshipto DecedentSee attached for additional devisees (check if applicable).4(b).Names and addresses of intestate heirs who are not devisees (persons who inherit if Decedent left no Will).Full Legal Name(including all known names)Year of BirthFull AddressRelationshipto DecedentSee attached for additional intestate heirs (check if applicable).4(c).Did all of the above persons survive one hundred and twenty (120) hours since the death of Decedent?YESNO If no, please explain on page 3.5. Did Decedent have any change of marital status or the birth or adoption of any children after execution of this Will, ifone exists, or has any child of the Decedent been born since his/her death, or is any birth of a child of the Decedentanticipated? (This includes illegitimate children.)NOYES If yes, please explain, on page 3.6. To the best of your knowledge, was the Decedent a patient in a non-private State of South Carolina mental healthfacility during his/her lifetime?NOYES If yes, please explain, on page 3.7. Has a Guardian or Conservator ever been appointed by a Court for this person?NOYES If yes, please explain on page 3.8. Has a Personal Representative of the Decedent been appointed prior to this date by a Court in this state orelsewhere?NOpage 3.YES If yes, please state details, including name and address of such Personal Representative on9. Have you received or are you aware of any Demands for Notice (FORM #111ES) of any probate or appointmentproceeding concerning the Decedent that may have been filed in this state or elsewhere?NOYES If yes, please state details, including names and addresses on page 3.FORM #300ES (03/2018)Page 2 of 6
10. DYH PRUH WKDQ WHQ \HDUV SDVVHG VLQFH WKH 'HFHGHQW¶V GHDWK"NO11(a).Did the Decedent own probate real estate?NO11(b).YESIf yes, an approximate value of (Note: A complete inventoryof probate assets with fair market values is to be filed after Personal Representative is appointed.)Did the Decedent oepresentative is appointed.)Did the Decedent own probate personal property?NO12.YES If yes, please state circumstances authorizing tardy probate on page 3.YESIf yes, an approximate value of (Note: A complete inventoryof probate assets with fair market values is to be filed after Personal Representative is appointed.)Have you made a diligent search for a Will of the Decedent?YESNOIf no, please explain on page 3 below.II. IF A WILL EXISTS, PLEASE COMPLETE THIS SECTION.1. Regarding the DecedenW¶V :LOOThe original is attached.7KH RULJLQDO LV LQ WKH &RXUW¶V SRVVHVVLRQ An exemplified (authenticated) copy of a Will probated in another jurisdiction is attached.An exemplified (authenticated) copy of a Will not probated in another jurisdiction is attached.The original of the Will is lost, destroyed, or otherwise unavailable, however, a description of its contents isattached. (for formal proceeding, explain below or attach supplemental pleadings)2. The execution date of the Will was:Codicil(s)3. Is there a memorandum that disposes of tangible personal property pursuant to 62-2-512?NOYES If yes, attach hereto.4. 7R WKH EHVW RI \RXU NQRZOHGJH GR \RX EHOLHYH WKH :LOO OLVWHG DERYH LV WKH 'HFHGHQW¶V YDOLGO\ H[HFXWHG ODVW :LOO"YESNO If no, please explain on page 3.5. To the best of your knowledge, is any witneVV WR WKH ZLOO DQ ³LQWHUHVWHG ZLWQHVV L H GRHV WKH ZLOO PDNH DQ\ GHYLVH WR D ZLWQHVV D ZLWQHVV¶V VSRXVH RU D ZLWQHVV¶V LVVXH "NOYES If yes, please explain on page 3.COMPLETE EXPLANATION(S) FOR QUESTIONS IN SECTIONS I and II HERE.(If more space is required, use additional sheets.)FORM #300ES (03/2018)Page 3 of 6
III. IF APPLYING FOR INFORMAL OR FORMAL APPOINTMENT, PLEASE COMPLETE THE FOLLOWING.1. If the Applicant/Petitioner is not the proposed Personal Representative(s), list name and address of the personyou are proposing be appointed as the fiduciary:2. Priority for appointment of the proposed Personal Representative (whether applicant or nominee) is:named as Primary Personal Representative in Willnamed as Alternate Personal Representative in Willnominee of Primary Personal Representative in Willnominee of Alternate Personal Representative in Willsurviving spouse of Decedent who is devisee of Decedent or nominee of said spouseother devisee of Decedent (describe): or nominee of said deviseesurviving spouse of Decedent or nominee of said spouseother heir of Decedent (describe): or nominee of said heircreditor (forty-five (45) days after death must have passed) or nominee of creditor; written statement ofclaim, FORM 371ES, is attachedother (describe):3. List below the name(s) of any other person(s), if any, having an equal or higher priority of appointment than theproposed Personal Representative:IV.ALL APPLICANTS/PETITIONERS MUST COMPLETE VERIFICATION.VERIFICATIONThe undersigned, being sworn, states that the facts set forth in the foregoing statement are true to the best of theXQGHUVLJQHG¶V NQRZOHGJH LQIRUPDWLRQ DQG EHOLHI DQG KHUHE\ VXEPLWV WR WKH &RXUW¶V MXrisdiction in this matter.dayof , 20SWORN to before me thisSignature ofApplicant/Petitioner:Notary Public for South CarolinaMy Commission Expires:dayof . 20SWORN to before me thisSignature of CoApplicant/Co-Petitioner:Notary Public for South CarolinaMy Commission Expires:FORM #300ES (03/2018)Page 4 of 6
ORDER OF INFORMAL PROBATEIT IS HEREBY ORDERED that the above application for probate of a Will executedCodicil executed andMemorandumbe informallyGRANTEDandDENIED.Executed this day of , 2 .Hon. Kathy G. Ward, Probate Court JudgeFor formal probate of Will, see separate order executed.ORDER OF INFORMAL APPOINTMENTIT IS HEREBY ORDERED that the above Application for Appointment be granted upon the filing of an appropriate bond, ifapplicable, and upon the signing of the Qualification and Statement of Acceptance of appointment.BondNotice to CreditorsFiduciary Bond in the amount of RequiredBond not required for Personal Representative nominated by WillNot RequiredBond not required as Personal Representative is sole heir or sole deviseeBond not required as Personal Representative is state agency, bank, or trust companyBond waivers filedSee order datedOther:Executed this day of , 2 .Hon. Kathy G. Ward, Probate Court JudgeFor formal appointment of Personal Representative, see separate order executedFORM #300ES (03/2018).Page 5 of 6
QUALIFICATION AND STATEMENT OF ACCEPTANCEI accept this appointment and agree to perform the duties and discharge the trust of the office of Personal Representative ofthis estate. I further submit personally to the jurisdiction of the Court in any proceeding relating to the Estate.Signature:Print Name:Address:Telephone (Work):(Home):(Cell):Email:Signature:Print Name:Address:Telephone hone:Email:.*By completing this information, attorney is designated as attorney of record for assisting Personal Representativeuntil proper withdrawal.FORM #300ES (03/2018)Page 6 of 6
Kathy G. Ward, Probate Judge R. Allen Beverly Jr., Chief Associate Judge Donna H. Lupo, Associate Judge . Horry County Probate Court 1301 Second Avenue Conway SC 29526 Mailing address: Horry County Probate
The Legal Framework of the Office of the Probate Judge The Administrative Functions of the Probate Judge The Judicial Functions of the Probate Judge The Functions of the Probate Judge as Chairman of the County Governing Body Alabama Law Institute The Law Revision Division of Legislative Services Agency www.lsa.state.al.us
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