Free Microsoft Word - 404PC.dot - South Carolina

STATE OF SOUTH CAROLINA COUNTY OF: IN THE MATTER OF:

) ) ) ) ) ) )

IN THE PROBATE COURT ELECTION BY SURVIVING SPOUSE TO TAKE ELECTIVE SHARE CASE NUMBER: , alleges:

The undersigned, 1. 2. 3.

I am the surviving spouse of the decedent in this matter, who died on or about , while domiciled in the State of South Carolina. I elect to take my elective share of the decedent's estate. This election is made within the later of eight months after the date of death or within six months after the probate of the decedent's Will. Executed this day of Signature: Name: Address: Telephone (O): (H): Attorney: Address: Telephone: , 20 .

NOTICE OF ELECTION FOR ELECTIVE SHARE , Notice is hereby given that an Election for Elective Share has been filed by surviving spouse of , deceased, praying for the computation of the estate and a determination of the elective share of the Petitioner, and further praying for an order apportioning the balance due, if any, of the elective share of the Petitioner, which matter will be heard in this Court on the day of , 20 , at o'clock M. ORDER FOR HEARING IT IS ORDERED that a hearing on this matter be set for: DATE: TIME:
PLACE:


(Order Continued on Next Page)

FORM #404PC (9/87) 62-2-205

Page 1 of 2

Pursuant to SCPC Section 1-401, the petitioner is ordered to give notice of this hearing to all interested persons at least twenty (20) days prior to the hearing date. Executed this day of , 20 .

, Probate Court Judge

ORDER On the petition of the surviving spouse of the decedent in this matter for an order determining the elective share of the surviving spouse in this estate and upon hearing, the Court finds that all interested persons have been served proper notice of hearing, or have waived notice thereof; that the material allegations of the petition are true; that is the surviving spouse of the Decedent, who died a resident of County, South Carolina on the day of , 20 ; and that on the day of , 20 , being within the time prescribed by law, the surviving spouse filed an election to take the elective share in accordance with the laws of the State of South Carolina $ IT IS HEREBY ORDERED that the amount of the elective share to which the surviving spouse is entitled is .

IT IS FURTHER ORDERED that the Personal Representative(s) in this matter is directed on or before to distribute to the surviving spouse the following assets of the estate in the following manner in satisfaction of the elective share. Executed this day of , 20 .

, Probate Court Judge

ORDER FOR DISAPPROVAL OR DENIAL Upon hearing, IT IS HEREBY ORDERED that the above petition be denied as follows:

Executed this

day of

, 20

.

, Probate Court Judge

FORM #404PC (9/87)

Page 2 of 2