Free Microsoft Word - 304PC.dot - South Carolina

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

) ) ) ) ) )

IN THE PROBATE COURT REQUEST FOR COMMISSION FOR PROOF OF CASE NUMBER:

WILL CODICIL # The undersigned states that application has been made in this Court for the probate of the Last Will and Testament/Codicil # of the decedent; that the Will/Codicil is dated, and was executed at (city/state) ; that the witnesses to the Will/Codicil were and , who cannot appear in this Court for the following reason(s): Out of State
Out of County
More than 30 miles from the County seat
Aged or infirmed
Other (specify):
The Petitioner requests that this Court appoint a Commissioner to take the testimony of one of the witnesses to the Will/Codicil. SWORN to before me this , 20 day of Signature:
Name:
Address:
Telephone:(O):
(H):
,

Notary Public for South Carolina My Commission Expires:

ORDER OF APPOINTMENT is appointed Commissioner to take the IT IS HEREBY ORDERED that sworn testimony of , one of the subscribing witnesses to the Last Will and Testament/Codicil of , deceased. The Commissioner is to receive the oath in the form hereinafter provided regarding the execution of the writing, to certify the proof, and to return this Commission to this Court without delay. Executed this day of , 20 .

, Probate Court Judge

FORM #304PC (1/89) 62-3-405, guide to 62-3-406, 14-23-330

Page 1 of 2

TESTIMONY OF WITNESS TO THE WILL
The undersigned witness to the will, personally appeared before me, , Commissioner, and, being duly sworn, he/she states that the copy of the instrument exhibited to him/her as the Last Will and Testament/Codicil of , deceased, is the same instrument that the decedent executed and that the undersigned and and subscribed as attesting witnesses on the day of , 20 ; that the decedent signed the instrument either in the presence of the attesting witnesses or acknowledged in the presence of the attesting witnesses that the decedent had previously signed the instrument; that the witnesses, in the presence of the decedent and in the presence of each other, subscribed their names to the instrument as attesting witnesses; and that undersigned believes the decedent was married or eighteen (18) or more years of age and of sound mind at the time. Executed this day of , 20 .

Signature: (witness to the will)

CERTIFICATE OF COMMISSION I hereby certify that the above witness appeared before me on the date indicated and after being duly sworn, executed the foregoing oath in my presence, and it was duly attested by me, and I now certify it to this Probate Court.

Executed this

day of

, 20

.

, Commissioner

FORM #304PC (1/89)

Page 2 of 2