South Carolina Probate Form 445ES

Affidavit of Heirs

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 Affidavit of Heirs

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About Affidavit of Heirs

To clarify discrepancies between names listed in a decedent's obituary or public documents and the heirs named on the probate application by certifying which individuals are not actual blood relatives or legally adopted children.

When you'd use it: When the probate court identifies a conflict between names in the decedent's obituary or other public documents and those listed on the Application for Probate (FORM 300ES).

Where to get the official form

The official version of Affidavit of Heirs 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 Heirs (PDF) →

Source: sccourts.org

Link last checked: May 30, 2026

How to file Affidavit of Heirs in South Carolina

  1. Step 1 — Confirm you have the correct formUse Affidavit of Heirs (445ES) when when the probate court identifies a conflict between names in the decedent's obituary or other public documents and those listed on the Application for Probate (FORM 300ES). 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 Affidavit of Heirs 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 Affidavit of Heirs 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 Affidavit of Heirs? 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 Affidavit of Heirs (445ES)?
To clarify discrepancies between names listed in a decedent's obituary or public documents and the heirs named on the probate application by certifying which individuals are not actual blood relatives or legally adopted children. You'd typically use it when when the probate court identifies a conflict between names in the decedent's obituary or other public documents and those listed on the Application for Probate (FORM 300ES).
Where do I file Affidavit of Heirs 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 Affidavit of Heirs?
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 Affidavit of Heirs 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.