South Carolina > Statewide > Probate Court
Request For Commission For Proof Of Will Or Codicil 304PC - South Carolina
| Request For Commission For Proof Of Will Or Codicil Form. This is a South Carolina form and can be used in Probate Court Statewide . |
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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. STATE OF SOUTH CAROLINA COUNTY OF IN THE MATTER OF CASE NUMBER -againstPlaintiff(s) : : : : PROBATE COURT Calendar No. JUDICIAL SUBPOENA REQUEST FOR COMMISSION FOR PROOF OF : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !. WILL . . . . . . . . . . . . . . ..... ! CODICIL #_________ The undersigned states that application has been made in this Court for the probate of the Last Will and Testament/ STATE OF NEW YORK THE PEOPLE OF THE Codicil #____ of the decedent; that the Will/Codicil is dated __________________, _____, and was executed at (city/state) ____________________; that the witnesses to the Will/Codicil were _______________________ and _______________________, who cannot appear in this Court TO for the following reason(s): ! Out of State ! Out of County ! More than 30 miles from the County seat WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before ! Aged or infirmed , the Honorable at the Court ! Other (specify): _____________________________ located at County of GREETINGS: in room , on the day of , 20 , at o'clock in the noon, and at any recessed The Petitioner requests that this Court appoint a Commissioner to take the testimony of or adjourned date, to testify and give evidence as a witness in this action on the part of the ________________________, one of the witnesses to the Will/Codicil. SWORN to before me this ___ Signature: ____________________________ day of_____________, _____ this subpoena is punishable as a contempt of court and will make you liable to Name: ____________________________ Your failure to comply with Address: ____________________________ the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a ____________________________ result of your failure to comply. Telephone (O): ____________________________ (H): ____________________________ Witness, Honorable , one of the Justices of the Court in County, day of , 20 ___________________________________ Notary Public for South Carolina My Commission Expires: _____________ (Attorney must sign above and type name below) ORDER OF APPOINTMENT IT IS HEREBY ORDERED that ____________________ is appointed Commissioner to take the Attorney(s) for sworn testimony of _______________________, one of the subscribing witnesses to the Last Will and Testament/Codicil of ______________________, deceased. The Commissioner is to receive the oath in the form hereinafter provided regarding the execution of the writing, to certify the proof, and to return this Commission to this Court without delay. Office and P.O. Address Executed this ____ day of _____________, _____. Form #304PC (1/89) 62-3-405, 62-3-406, and 14-23-330 Page 1 of 2 Telephone No.: ______________________________ Facsimile No.: E-Mail Address: Probate Court Judge Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Case Number: Plaintiff(s) : JUDICIAL SUBPOENA -againstTESTIMONY OF WITNESS : THE WILL TO : The undersigned witness to the will, personally appeared before me, _____________________, Commissioner, and, being duly sworn, he/she states that the copy of the instrument exhibited to : him/her as the Last Will and Testament/Codicil of _____________________, deceased, is the same instrument that the decedent executed and that the undersigned and ______________________ and Defendant(s) : . .______________________ .subscribed. as. attesting .witnesses on the ____ day of ______________, ........................ ......... .. ........ ..... _____; that the decedent signed the instrument either in the presence of the attesting witnesses or acknowledged in the presence of the attesting witnesses that the decedent had previously signed the instrument; that the witnesses, in the presence of the decedent and in the presence of each other, subscribed OF names to the instrument as THE PEOPLEtheirTHE STATE OF NEW YORK attesting witnesses; and that the undersigned believes the decedent was married or eighteen (18) or more years of age and of sound mind at the time. TO Executed this ____ day of _____________, _____. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Signature: _____________________________ , the Honorable at the Court (witness to the will) located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a CERTIFICATE OF COMMISSION result of your failure to comply. I herebyHonorable the above witness appeared before me onof the date indicated and after Witness, certify that , one the Justices of the being duly sworn, executed the foregoing oath in my presence, and it was duly attested by me, and I Court in County, day of , 20 now certify it to this Probate Court. (Attorney must sign above and type name below) Executed this ____ day of _____________, _____. Attorney(s) for ______________________________ _________________, Commissioner Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Form #304PC (1/89) Page 2 of 2 American LegalNet, Inc. www.USCourtForms.com
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