About Affidavit of Adeemed or Abated Property
A sworn affidavit by the personal representative stating that a will-devised asset is unavailable for distribution, with an optional devisee waiver of the asset.
When you'd use it: Used when the form's text states that a specific asset devised in a will is not available for distribution to the named devisee, and the personal representative swears to the reason.
Where to get the official form
The official version of Affidavit of Adeemed or Abated Property is published as a PDF by the South Carolina courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Download Affidavit of Adeemed or Abated Property (PDF) →
Source: sccourts.org
Link last checked: November 5, 2026
How to file Affidavit of Adeemed or Abated Property in South Carolina
- Step 1 — Confirm you have the correct formUse Affidavit of Adeemed or Abated Property (366ES) when used when the form's text states that a specific asset devised in a will is not available for distribution to the named devisee, and the personal representative swears to the reason. Double-check it's the right form for your situation — South Carolina probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Affidavit of Adeemed or Abated Property carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Affidavit of Adeemed or Abated Property to the probate court or county clerk handling the estate — usually in the South Carolina county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).