South Carolina Probate Form 404ES

Petition for Elective Share

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: November 5, 2026

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About Petition for Elective Share

A petition by a surviving spouse to elect an elective share of a deceased spouse's estate, alleging the marriage, survival, and the election.

When you'd use it: Used by a surviving spouse who wishes to take an elective share of the decedent's estate when a will is being probated in the court.

Where to get the official form

The official version of Petition for Elective Share 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:

Verified official PDF

Download Petition for Elective Share (PDF) →

Source: sccourts.org

Link last checked: November 5, 2026

How to file Petition for Elective Share in South Carolina

  1. Step 1 — Confirm you have the correct formUse Petition for Elective Share (404ES) when used by a surviving spouse who wishes to take an elective share of the decedent's estate when a will is being probated in the court. 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.
  2. Step 2 — Complete every required fieldFill out Petition for Elective Share 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.
  3. 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.
  4. Step 4 — File it with the correct courtSubmit Petition for Elective Share 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).

Working through the Petition for Elective Share? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

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Probate in South Carolina

See the full South Carolina probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the South Carolina probate guide →

Frequently Asked Questions

What is Petition for Elective Share (404ES)?
A petition by a surviving spouse to elect an elective share of a deceased spouse's estate, alleging the marriage, survival, and the election. You'd typically use it when used by a surviving spouse who wishes to take an elective share of the decedent's estate when a will is being probated in the court.
Where do I file Petition for Elective Share in South Carolina?
Probate forms are filed with the probate court or county clerk in the South Carolina county where the deceased person lived. Our South Carolina probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Petition for Elective Share?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Petition for Elective Share available online?
Most South Carolina probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

Other South Carolina Probate Forms

Notice of ____ (blank notice form)110ESDemand for Notice in an Estate111ES DDemand for Hearing (Estates)113ESProof of Delivery 120PC120PC

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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.