Form 109es - Motion For Removal
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1STATE OF SOUTH CAROLINA
)
IN THE PROBATE COURT
)
COUNTY OF _____________________________
)
MOTION FOR REMOVAL
)
IN THE MATTER OF:
)
_________________________________________
)
CASE NUMBER: ___________________________
(Decedent)
)
A formal proceeding concerning the above matter was commenced on__________________________, 20
.
The undersigned hereby moves for removal of this action to the Circuit Court and asserts that this action is
removable because it involves the following:
Probate of Will
Appointment of Personal Representative
Construction of Will
Title to property in which the Estate of a decedent asserts an interest
Internal or external matter involving a trust (excluding “special needs trusts”)
Action in which there is a right to trial by jury and in which the amount in controversy is at least $5,000
Action concerning gifts under the SC Uniform Gifts to Minors Act
This Motion is made no later than ten (10) days from __________________________, 20
, the date on
which all responsive pleadings were filed. By copy of this Motion, the undersigned is giving notice to interested
persons as required by law.
Executed this _________ day of __________________________, 20________.
Signature:
Print Name:
Address:
Telephone (Work):
(Home):
(Cell):
Email:
Relationship to Decedent/Estate:
ORDER FOR REMOVAL
It is hereby ORDERED on the Court’s own Motion that this action be removed to the Circuit Court.
Jurisdiction is retained as to all other matters involving this case.
The related matters of __________________________________________________________________
are also removed to serve the best interest of the Estate and/or the interest of judicial economy.
The Motion for Removal is hereby GRANTED. This action shall be removed to the Circuit Court.
Jurisdiction is retained as to all other matters involving this case.
The related matters of __________________________________________________________________
are also removed to serve the best interest of the Estate and/or the interest of judicial economy.
It is hereby ORDERED that the Motion for Removal is DENIED because_____________________________
__________________________________________________________________________________________.
Executed this _________ day of __________________________, 20________.
_____________________________________________
, Probate Court Judge
FORM #109ES (1/2016)
62-1-302
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