About Petition for Omitted Child
This form is a petition by an adult child or parent of a minor child asserting an omitted child's share of a deceased person's estate, where the child was born after the decedent's will was executed.
When you'd use it: The form states it is used when a child of the decedent was born after the decedent's will was executed and an omitted child's share is being elected for that child or for a minor child.
Where to get the official form
The official version of Petition for Omitted Child 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 Petition for Omitted Child (PDF) →
Source: sccourts.org
Link last checked: November 5, 2026
How to file Petition for Omitted Child in South Carolina
- Step 1 — Confirm you have the correct formUse Petition for Omitted Child (383ES) when the form states it is used when a child of the decedent was born after the decedent's will was executed and an omitted child's share is being elected for that child or for a minor child. 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 Petition for Omitted Child 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 Petition for Omitted Child 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).