About Affidavit of Due Diligence
To document diligent efforts made to locate and notify an interested person in a probate proceeding.
When you'd use it: When a personal representative or other party in a probate estate cannot locate an interested person and must demonstrate to the court that reasonable efforts have been made to find them.
Where to get the official form
The official version of Affidavit of Due Diligence 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 Affidavit of Due Diligence (PDF) →
Source: sccourts.org
Link last checked: May 30, 2026
How to file Affidavit of Due Diligence in South Carolina
- Step 1 — Confirm you have the correct formUse Affidavit of Due Diligence (409ES) when when a personal representative or other party in a probate estate cannot locate an interested person and must demonstrate to the court that reasonable efforts have been made to find them. 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 Due Diligence 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 Due Diligence 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).