Affidavit of Personal Representative (Probate Court)

Making an under-oath agreement to rules regarding properties of the decedent by the affiant requires the execution of the following affidavit. The written agreement has to be signed by all involved parties.

Extracted Text for Proper Search

Form #345RC (1/2014) 
STATE OF SOUTH CAROLINA 
     PROBATE COURT  
COUNTY OF RICHLAND 
 
IN THE MATTER OF        	
 
CASE NUMBER        
 
  AFFIDAVIT OF PERSONAL REPRESENTATIVE  
 
 I, _____________________________________, understand and agree to the following:  
 
•  The assets and monies in the estate are only to be used to pay the debts and obligations of 
the estate in the proper order of priority;  
•  I am to deposit the decedent’s monies into an estate account;  
•  I am not to use any estate assets or monies for my personal debts or obligations;  
•  I am  not to use any estate assets or monies for the debts or obligations of any heirs or 
devisees;  
•  I cannot sell tangible personal property owned by the decedent that has a value over 
$10,000.00 without the authority to do so granted to me in the decedent’s wil l or a Court 
order giving me this specific authority;  
•  I cannot sell real property owned by the decedent without the authority to do so granted 
to me in  the decedent’s will or a Court order giving me this specific authority;  
•  I must resolve the debts of the  estate before I make any distributions to the heirs or 
devisees of the estate; and,  
•  I understand that if a claim is filed against the estate I must respond to the creditor within 
sixty days after the presentment of the claim, or within fourteen months aft er the death of 
the decedent, whichever is later , stating the claim has been allowed or disallowed in 
whole or in part; and,   
•  I will be personally liable to any beneficiary or other person(s) having an interest in the 
estate for any negligence and/or inten tional misconduct in the performance of my duties 
as Personal Representative.  
  I am providing the Probate Court with written Agreements signed by all known beneficiaries 
and other persons having an interest in the Estate if waiver of bond is requested. 
  Executed this _____ day of ______________, ________. 
       Signature:_____________________________ 
     Name:_____________________________ 
    Address:_	
________________________     	           
                                 _____________________________ 
    Telephone:_____________________________ 
Sworn to me this _____ day of _____________, ________. 
 
__________________________________ 
Notary Public of South Carolina  
My Commission Expires: ______________