Application For Restraint Or Performance Of Personal Representative {330ES}

STATE OF SOUTH CAROLINA COUNTY OF _____________________________ IN THE MATTER OF: ________________________________________ (Decedent) ) ) ) ) ) ) ) IN THE PROBATE COURT APPLICATION FOR RESTRAINT OR PERFORMANCE OF PERSONAL REPRESENTATIVE CASE NUMBER: ___________________________________ The undersigned states as follows: I request a Temporary Order of RESTRAINT PERFORMANCE of Personal Representative in this Estate, because (please set out your specific demands; attach additional sheets if necessary): , Executed this _______day of ______________________________, 20______. Signature: Print Name: Address: Telephone (Work): (Home): (Cell): Email: Relationship to Decedent/Estate: Attorney: Address: Telephone: Email: SWORN to before me this day of ________________________, 20 ________________________________ Notary Public for South Carolina My commission expires: ____________ FORM #330ES (1/2016) 62-3-607(b) Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com TEMPORARY ORDER OF RESTRAINT/PERFORMANCE IT IS HEREBY ORDERED that the following conditions be imposed on _____________________________________, the Personal Representative in the above Estate. RESTRICTIONS: PERFORMANCE DUTIES: Executed this _______day of ______________________________, 20______. , Probate Court Judge ORDER FOR HEARING IT IS ORDERED that a hearing on this matter be set for: DATE: TIME: PLACE: Pursuant to SCPC 62-3-607(b), the Applicant is ordered to give Notice of this hearing by serving a copy of this Application, Temporary Order, and Order for Hearing upon the Personal Representative by *one of the following methods: (1) Personal Delivery, (2) Acceptance of Service, or (3) Delivery by one of the methods above to the Agent of a non-resident Personal Representative, if one has been appointed to receive service of process. An Affidavit of Service or Proof of Delivery (FORM 120PC) confirming service as outlined above shall be filed with the Court prior to or at the time of the hearing. In addition to service upon the Personal Representative and/or his/her agent, the Attorney of Record for the Personal Representative, if any, or his/her Agent shall be notified by ordinary mail or personal delivery. An Affidavit of Service or a Proof of Delivery (FORM 120PC) confirming service in this manner shall be filed with the Court prior to or at the time of the hearing. * In that this proceeding is one for restraint without prior notice to the Personal Representative, the other methods of service listed on the FORM 120PC may not be used without obtaining prior written Court approval. Executed this _______day of ______________________________, 20______. , Probate Court Judge FORM #330ES (1/2016) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com