About Motion for Removal
To request removal of a probate matter from Probate Court to Circuit Court based on statutory grounds.
When you'd use it: When a party seeks to remove a probate action to Circuit Court within ten days of all responsive pleadings being filed, based on grounds such as will probate, personal representative appointment, will construction, estate property title disputes, trust matters, or jury trial rights.
Where to get the official form
The official version of Motion for Removal 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 Motion for Removal (PDF) →
Source: sccourts.org
Link last checked: May 30, 2026
How to file Motion for Removal in South Carolina
- Step 1 — Confirm you have the correct formUse Motion for Removal (109ES) when when a party seeks to remove a probate action to Circuit Court within ten days of all responsive pleadings being filed, based on grounds such as will probate, personal representative appointment, will construction, estate property title disputes, trust matters, or jury trial rights. 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 Motion for Removal 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 Motion for Removal 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).