SUBSEQUENT ADMINISTRATION –

Reopening a closed estate in which a personal representative was previously appointed by this Court and a full probate administration was completed

What is Subsequent Administration?

When a personal representative is appointed by the Court and a full probate administration ends, the power of the personal representative also ends. If an additional estate asset is located that was not part of the previous administration then the previously appointed personal representative (PR / Fiduciary) must be re-appointed through subsequent administration.

If the previously appointed personal representative cannot serve again, the Court will need renunciations and/or bond waivers or a fiduciary bond for the newly proposed PR. When there is not consent on who will be the personal representative either by the Will or by Renunciation(s) then you will need to proceed formally with a hearing.

If any estate beneficiaries are now deceased, those estate(s) may also have to be opened or reopened. The beneficiaries of the first administration do not change when a new asset is found.

How do I open the estate?

The PR needs to complete and submit to the Probate Court, the following typed or written in black ink:

Application for Subsequent Administration (FORM 334ES) to include a signature in the verification and the qualification sections by the proposed personal representative (attached)

Provide complete details of the new asset to include any paperwork from unclaimed property or any documentation received from the asset holder in regards to what is needed for the estate to be reopened

Subsequent administration Fee: $22.50, Check made payable to the Greenville County Treasurer

Renunciations and/or bond requirements may be necessary, if not previously filed

Agent of service, if the proposed PR is out of state

Once you complete all the required documents in black ink and pay the required fees, the assigned Court personnel will research the previously filed estate for any further requirements, and set an appointment to reopen the case.

What happens after the Court appoints the personal representative?

PR will then submit Supplemental Inventory and Appraisement (FORM 350SQA) listing only the new asset(s)

Additional court cost based on the new inventory estate assets

If the estate was taxable, there may be additional tax requirement(s) and requirements for an updated tax closing letter

PR to proceed with administration of new assets and provide copies of the transfers to the Court

Complete closing requirements within 90 days from reopening of estate, including Application for Settlement/Accounting (FORM 337ES) or waivers (FORM 364ES), beneficiary forms and any other Court documents needed.

Please see SC Code Sections 62-3-203(g) & 62-3-1008 for additional information. You are encouraged to contact an attorney for legal advice should you have any further questions. SC Lawyer Referral Service – 1-800-868-2284

Note: Failure to complete the estate in the required amount of time can lead to Court sanctions.

STATE OF SOUTH CAROLINA	)	IN THE PROBATE COURT
)
COUNTY OF GREENVILLE	)
) )	APPLICATION/*PETITION FOR SUBSEQUENT ADMINISTRATION
IN THE MATTER OF:	)
)	CASE NUMBER: _______________________
(Decedent)	)

*ONLY COMPLETE THIS SECTION IF FILING PETITION FOR SUBSEQUENT ADMINISTRATION *________________________________________, Petitioner(s) vs. *________________________________________, Respondent(s)

INFORMAL	*FORMAL

The undersigned states as follows:

1.	Subsequent administration of the above Estate is needed because:

The following additional property in the above estate has been discovered. A description of the property and its approximate value at the date of Decedent’s death is: __________________________________________________

_____________________________________________________________________________________________

Other reason: _______________________________________________________________________________

_____________________________________________________________________________________________

2.	I served as Personal Representative under the previous administration and fiduciary bond requirement:

was waived by Decedent’s Will

was waived pursuant to the filing of Waivers of Bond

was waived by the Court

was required and an appropriate bond is attached

I did not serve as Personal Representative under the previous administration; my priority for this appointment is:

named as Primary Personal Representative in Will

named as Alternate Personal Representative in Will

nominee of Primary Personal Representative in Will

nominee of Alternate Personal Representative in Will

surviving spouse of Decedent who is devisee of Decedent or nominee of said spouse

other devisee of Decedent (describe): ____________________________ or nominee of said devisee

surviving spouse of Decedent or nominee of said spouse

other heir of Decedent (describe): _______________________________ or nominee of said heir

creditor (Forty-five (45) days after death must have passed) or nominee of creditor; written statement of claim, FORM 371ES, is attached

other (describe):__________________________________________________________________________

*NOTE: IF THIS IS A FORMAL PROCEEDING, IN ADDITION TO A PETITION, YOU MUST ALSO FILE

A SUMMONS (FORM SCCA 401PC) AND PAY THE STATUTORY FILING FEE OF $150.00.

A HEARING IN THE PROBATE COURT ON THE PETITION MAY BE REQUIRED.

FORM #334ES (1/2014)	Page 1 of 3

62-3-203, 62-3-804, 62-3-1008

VERIFICATION

The undersigned, being sworn, states that the facts set forth in the foregoing statements are true to the best of the undersigned’s knowledge, information and belief; and hereby submits to the Court’s jurisdiction in this matter.

SWORN to before me on this the _____ day of	Signature:	________________________________

______________________________, 20____	Print Name:

Address:
Notary Public for South Carolina	Telephone (Work):
My Commission Expires:	(Home):
(Cell):
Email:
Relationship to Decedent/Estate:
ORDER FOR HEARING IT IS HEREBY ORDERED that a hearing on this matter be set for: DATE: TIME: PLACE: 301 University Ridge, Suite 1200, Greenville, SC 29601 Pursuant to SCPC 62-1-401, Petitioner is ordered to give notice of this hearing to all interested persons at least twenty (20) days prior to the hearing. Executed this _____ day of _______________________________, 20_____. Chadwicke L. Groover, Probate Court Judge

_________________________________________________________________________________________________

ORDER FOR SUBSEQUENT ADMINISTRATION

IT IS HEREBY ORDERED that _______________________________________________________ be appointed Personal Representative to administer property not previously administered as indicated in the above application/petition.

Bond previously waived

Previous bond waivers on file

Other: ______________________________________________

Executed this _____ day of ______________________________, 20_____.
Chadwicke L. Groover, Probate Court Judge Caroline M. Horlbeck, Associate Probate Court Judge Elizabeth P. Wiygul, Associate Probate Court Judge

FORM #334ES (1/2014)	Page 2 of 3

QUALIFICATION AND STATEMENT OF ACCEPTANCE

I accept this appointment and agree to perform the duties and discharge the trust of the office of Personal Representative of this estate and to submit to the Court’s jurisdiction in this matter.

Signature:
Print Name:
Address:
Telephone (Work):
(Home):
(Cell):
Email:
Attorney:
Address:
Telephone:
Email:

FORM #334ES (1/2014)	Page 3 of 3