Form 300ES South Carolina: How to File for Informal Probate

When someone dies in South Carolina and leaves an estate that requires court administration — because it includes real property or assets exceeding $45,000 — the person seeking to serve as personal representative files Form 300ES with the county probate court to start the process.

Form 300ES is officially titled the Application for Informal Probate and Appointment. Filing it initiates informal probate proceedings, which is the most common type of probate in South Carolina. "Informal" means no contested court hearing is required — the probate judge reviews the application administratively and approves or denies it based on the documents submitted, without scheduling a formal hearing.

When You Need Form 300ES

File Form 300ES if:

• The decedent's probate estate exceeds $45,000 in total gross value
• The decedent owned real estate that needs to pass through the estate, regardless of total value
• The estate's assets are under $45,000 but include real property (the small estate affidavit, Form 420ES, cannot be used when real estate is involved)
• You need to be formally appointed as personal representative to deal with banks, creditors, the SCDMV, or other institutions that require a court-issued Certificate of Appointment before releasing assets

You do not need Form 300ES if:

• The probate estate is valued at $45,000 or less and contains no real property — use Form 420ES (Affidavit for Collection of Personal Property) instead, after the mandatory 30-day waiting period from the date of death

What You Need to File Form 300ES

The county probate court requires:

1. The original will. Photocopies are strictly prohibited. If the original will cannot be located, a separate legal proceeding is required before informal probate can proceed. Courts reject photocopies without exception to prevent fraud.

2. An original, certified death certificate. Again, photocopies are rejected. Order multiple certified copies from the South Carolina Department of Public Health; the first copy costs $12, and each additional copy ordered simultaneously costs $3. Order at least eight to twelve copies at the outset — every bank, institution, and agency will need one.

3. The completed Form 300ES. The form requests the decedent's identifying information, the applicant's information and relationship to the decedent, a general description of the estate's assets, and the names and addresses of all heirs and devisees.

4. The filing fee. Probate court fees are calculated on the gross value of the probate estate as reported on the mandatory Inventory (Form 350ES). Base fees scale progressively: estates valued at $20,000–$45,000 pay approximately $67.50; estates between $100,000 and $599,999 pay $95 plus 0.15% of the value exceeding $100,000; estates above $600,000 pay $845 plus 0.25% of the value exceeding $600,000.

What Happens After You File

If the probate court approves the application, it issues a Certificate of Appointment (also called Letters Testamentary or Letters of Administration). This document is your legal authority to act on behalf of the estate. Banks, brokerage firms, the SCDMV, and other institutions require it before releasing any assets or transferring accounts.

Within 30 days of appointment, you must deliver Form 305ES (Information to Heirs and Devisees) to all heirs, devisees, and interested parties, and file a Proof of Delivery (Form 120PC) confirming delivery with the probate court.

Within 90 days of appointment, file Form 350ES (Inventory and Appraisement) listing all probate assets and their fair market values as of the date of death. This inventory determines the final court filing fee.

Shortly after appointment, publish a Notice to Creditors (Form 370ES) in a local newspaper of general circulation in the county, once per week for three consecutive weeks. This starts the eight-month statute of limitations for creditor claims; creditors who fail to file within eight months of the first publication are permanently barred from collecting against the estate.

The Key ES Forms Referenced in South Carolina Probate

South Carolina's probate court forms carry an "ES" designation. The ones you will encounter most frequently:

Getting Form 300ES

Form 300ES is available from the county probate court in the county where the decedent resided. Each of South Carolina's 46 counties operates its own probate court, and some counties require additional county-specific documents or supplemental forms. Always check directly with the relevant county court rather than relying solely on a downloaded version that may be outdated.

Common Mistakes When Filing Form 300ES

Using a photocopy of the will or death certificate. Both must be originals. There are no exceptions.

Underestimating the estate's asset values. The form asks for a general description of assets. You do not need a formal appraisal at this stage, but you need a reasonable estimate of total gross probate value to ensure the filing fee payment is in the correct range. The Inventory filed at 90 days will finalize the calculation.

Missing heirs or devisees. If the applicant fails to identify all heirs and devisees on Form 300ES, the appointment can be challenged later. Identify everyone with a potential interest before filing.

Filing in the wrong county. File in the probate court of the county where the decedent resided at the time of death, not where they owned property.

Managing South Carolina probate correctly from the outset avoids amendments, supplemental filings, and court delays. The South Carolina Survivor Benefits Navigator includes a complete timeline of every required form and action from date of death through final estate closure, including the Form 300ES filing and all subsequent deadlines.

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