South Carolina Probate Form 364ES

Waiver of Statutory Filing Requirements

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: June 1, 2026
First page of Waiver of Statutory Filing Requirements

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About Waiver of Statutory Filing Requirements

Allows beneficiaries or interested parties to waive the Personal Representative's duty to file required closing documents (accountings, proposals for distribution, and notices) prior to estate closure.

When you'd use it: When interested parties in an estate agree to allow the Personal Representative to close the estate without filing certain statutorily required closing documents.

Where to get the official form

The official version of Waiver of Statutory Filing Requirements 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 Waiver of Statutory Filing Requirements (PDF) →

Source: sccourts.org

Link last checked: May 30, 2026

How to file Waiver of Statutory Filing Requirements in South Carolina

  1. Step 1 — Confirm you have the correct formUse Waiver of Statutory Filing Requirements (364ES) when when interested parties in an estate agree to allow the Personal Representative to close the estate without filing certain statutorily required closing documents. 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 Waiver of Statutory Filing Requirements 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 Waiver of Statutory Filing Requirements 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 Waiver of Statutory Filing Requirements? 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 Waiver of Statutory Filing Requirements (364ES)?
Allows beneficiaries or interested parties to waive the Personal Representative's duty to file required closing documents (accountings, proposals for distribution, and notices) prior to estate closure. You'd typically use it when when interested parties in an estate agree to allow the Personal Representative to close the estate without filing certain statutorily required closing documents.
Where do I file Waiver of Statutory Filing Requirements 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 Waiver of Statutory Filing Requirements?
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 Waiver of Statutory Filing Requirements 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

Exempt Property ClaimSCCA 435ESDual Petition for Appointment of Conservator (or Other Protective Order) and Guardian (for Adult)SCCA 401PC / FORM #520GCInformation to Heirs and Devisees305ESApplication for Settlement412ES

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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.