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Written Notice To Creditors 376PC - South Carolina
| Written Notice To Creditors Form. This is a South Carolina form and can be used in Probate Court Statewide . |
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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : STATE OF SOUTH CAROLINA COUNTY OF IN THE MATTER OF CASE NUMBER Index No. Calendar No. PROBATE COURT : Plaintiff(s) : : : : JUDICIAL SUBPOENA -against- WRITTEN Defendant(s) CREDITORS NOTICE TO : ...................................................... All persons having claims against the above estate are required to deliver or mail THE PEOPLE OFclaimsSTATE OF NEW YORK Representative(s), appointed to administer this their THE to the indicated Personal estate, and to file their claims on Form #371PC with the Probate Court of County, the address of which is TO , on or before the date that is eight months after the date of the first publication of the published Notice to Creditors or within sixty days from the mailing or other delivery of this notice, whichever is later, (unless barred by operation of Section 62-3803), or such persons shall be forever barred as to their claims. All claims are GREETINGS: required to be presented in written statements, indicating the name and the address of the claimant, the basis of the claim, the amount claimed, the date when the claim WEwill become due, the nature of any uncertainty as to the amount claimed and eachdate attend before COMMAND YOU, that all business and excuses being laid aside, you and the of you , the Honorable at the Court when due, and a description of any security as to the claim. 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 Signature: ________________________________ Personal Representative: Your failure to comply with this subpoena is punishable Address: as a contempt of court and will make you liable to (H): 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): Witness, Honorable Court in County, , one of the Justices of the day of Signature: ________________________________ Personal Representative: Address: Telephone (O): (H): Address: (Attorney must sign above and type name below) , 20 Attorney: Attorney(s) for Telephone: Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: FORM #376PC (1/91) 62-3-801, 62-3-803 Page 1 of 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : CASE NUMBER: SOUTH CAROLINA CODE OF LAWS, 1976, AS AMENDED § 62-3-803. Limitations on presentation of claims. Index No. Calendar No. : : JUDICIAL SUBPOENA Plaintiff(s) "(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other -against: legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates: (1) one year after the decedent's death or : (2) within the time provided by Section 62-3-801(b) for creditors who are given actual notice, and within the time provided in Section 62-3-801(a) for all creditors barred by publication; provided, claims barred by the nonclaim statute at the : decedent's domicile before the giving of notice to creditors barred in this State are also barred in this State. Defendant(s) (b) All claims against a decedent's estate which arise at or after the death: of the decedent including claims of the State and any . . . . . . . . . . . . . due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . subdivision. thereof,. whether . . . .or .to .become.due, .absolute or. contingent, .liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (1) a claim based on a contract with the personal representative within eight months after performance by the personal representative is STATE OF NEW YORK THE PEOPLE OF THE due; (2) any other claim, within the later of eight months after it arises, or the time specified in subsection (a) (1). TO (c) Nothing in this section affects or prevents: (1) any proceeding to enforce any mortgage, pledge, lien, or other security interest upon property of the estate; or (2) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; or (3) collection of compensation for services rendered and reimbursement for expenses advanced by the personal GREETINGS: representative or by the attorney or accountant for the personal representative of the estate." § 62-3-804. Manner the Honorable of presentation of claims. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , at the Court "Claims against a decedent's estate may be presented as follows: located at County of (1) The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the in room name and , on the of the claimant, arid the amount claimed, and must file a in the statement of the at any in the form day of , 20 , at o'clock written noon, and claim, recessed address or adjourned date, to testify and give evidence as a witnessThethis action on the part of the the first to occur of receipt of prescribed by rule, with the clerk of the probate court. in claim is deemed presented on the written statement of claim by the personal representative, or the filing of the claim with the court. If a claim is not yet due, the date when it will become due must be stated. If the claim is contingent or unliquidated, the nature of the uncertainty must be stated. if the claim is secured, the security must be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation Your made. failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the(2) The whose behalf this subpoena was issued for a maxim
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