Petition For Omitted Spouse {382ES}

STATE OF SOUTH CAROLINA COUNTY OF _____________________________ IN THE MATTER OF: ________________________________________ (Decedent) _____________________________ Petitioner(s) vs. _____________________________ Respondent(s) The undersigned hereby alleges: ) ) ) ) ) ) ) ) IN THE PROBATE COURT CASE NUMBER: ___________________________ *PETITION FOR OMITTED SPOUSE SHARE 1. I married the Decedent on _________________________. (See the attached certified copy of the Marriage License or the certified copy of the Court Order declaring the existence of a Common Law Marriage between the Decedent and me.) 2. I was still married to the Decedent when he/she died on ________________. I am informed and believe that a Will executed by Decedent on ___________________ is being probated in this Court. 3. I elect to take my omitted spouse share of the Decedent's estate 4. This election is made within the later of (a) eight (8) months after the date of the Decedent's death, (b) six (6) months after the Informal or Formal Probate of the Decedent's Will, or (c) thirty (30) days after I was served with a a Summons and Petition to set aside an Informal Probate or to modify or vacate an Order for Formal Probate of the Decedent's Will. Executed this ______ day of ______________________________, 20____. Signature: Print Name: Address: Telephone (Work): (Home): (Cell): Email: Attorney: Address: Telephone: Email: *NOTE: THIS IS A FORMAL ACTION. 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 #382ES (1/2014) 62-2-301 American LegalNet, Inc. www.FormsWorkFlow.com