The South Carolina Notice to Creditors, Form #370ES, is the legal notice a personal representative publishes in a newspaper to tell creditors that an estate is open and that they must file claims within a set time or lose the right to collect. You fill it out, send the starred portion to a newspaper for publication, then file the form with proof of publication at the county Probate Court.
Getting this wrong has real costs. If you skip it, creditors can chase the estate for up to a full year, and that delays every heir from getting paid. The form carries a revision date of (1/2014), so check the bottom of your copy to confirm you have the current version before you write a single word. South Carolina law under Section 62-3-801 requires the notice to run once a week for three weeks, and roughly 40,000 estates move through SC probate each year, many of them handled by grieving family members with no lawyer.
Here is what you will learn in this guide:
- 📋 What every box on Form #370ES asks and exactly what to write in it
- ⏰ The two deadlines that decide when creditors are “forever barred”
- 🗞️ How to send the notice to a newspaper and get proof of publication
- 🧾 Three full filled-out examples using real-life estate situations
- ⚠️ The most common mistakes that get a notice rejected or reopened
What the Form Is and Who Must File It
Form #370ES is the official Notice to Creditors used in every South Carolina county Probate Court. Its job is simple but vital: it warns the world that a person has died, that an estate is open, and that anyone owed money must speak up fast. The notice protects the estate by starting a legal clock. Once that clock runs out, late creditors lose their right to collect, and the heirs can keep what is left.
The person who must file it is the personal representative, also called the executor or administrator. This is the individual the court appoints to manage the estate. Under Section 62-3-801, the personal representative must publish the notice once a week for three weeks in a newspaper of general circulation in the county where the estate is open. The statute is clear that this duty starts right after appointment.
There is one big exception worth knowing. If no personal representative is appointed within one year of the death, no notice is required at all. Most estates do appoint someone, so most personal representatives will need this form. The agency that receives the finished form is the county Probate Court, and the legal backbone comes from Sections 62-3-704, 62-3-801, 62-3-803, and 62-3-804 of the South Carolina Probate Code.
It helps to keep two forms straight. Form #370ES is the notice you publish. Form #371ES is the separate Statement of Creditor’s Claim that a creditor fills out to actually make a claim. You handle the first; creditors handle the second.
Before You Start: Documents and Information You Need
Gather everything before you open the form. Stopping halfway to hunt for a date or address leads to errors, and errors on a legal notice can mean republishing and paying the newspaper twice. Here is your pre-filing checklist, with why each item matters.
- The decedent’s full legal name. This must match the death certificate, because a name mismatch can make creditors miss the notice and later claim they were never warned.
- The date of death. This sets the one-year outer deadline, so an error here changes the entire claim window.
- The probate case number. The court assigns this when the estate opens, and creditors use it to file claims; a missing number confuses the clerk.
- The county where the estate is open. Notice must run in a newspaper of general circulation in that county, and the wrong county voids the publication.
- Your full name and mailing address as personal representative. Creditors mail claims to you, so a wrong address means lost claims and disputes later.
- Any co-personal representative’s name and address. If the court appointed two of you, both must appear, or the notice is incomplete.
- The attorney’s name and address, if you hired one. This tells creditors where to send legal correspondence and is optional only if you have no lawyer.
- The Probate Court’s mailing address. The notice tells creditors where to file Form #371ES, and a wrong address sends claims into a void.
- The exact name of the newspaper. You must name the paper that will publish the notice, and it has to truly circulate in the county.
- Your filing fee and payment method. Some counties charge a fee to file documents, and the newspaper charges a separate publication cost.
If any item is missing, stop and find it. A notice with a blank case number or a wrong address can be challenged by a creditor months later, which can drag the estate back open after you thought it closed.
Where to Get the Form and How to Access It
Form #370ES is free and public. You can download it from the SC Judicial Branch forms index, which hosts the statewide probate forms. Most counties also post it on their own probate pages.
Each county Probate Court offers the same form. You can pull it from the Charleston County Probate forms page, the Lexington County Probate Court forms page, or the Orangeburg County court forms page. The form is identical statewide, though each county fills in its own court address.
You can also get a paper copy in person. Walk into the Probate Court in the county where the estate is open and ask the clerk for Form #370ES. The clerk cannot give legal advice, but staff can hand you the blank form and point you to the filing window. Many filers prefer the PDF because they can type into the fields, which keeps the notice clean and easy for the newspaper to read.
Confirm the revision date before you use any copy. The current version reads FORM #370ES (1/2014) at the bottom. An older form may use outdated deadline language, and a newspaper or clerk could reject it.
Step-by-Step: How to Fill Out Form #370ES Line by Line
The form is one page. It has a heading block, a notice paragraph, an estate information block, an instructions line, and a Certificate of Publication. Fill it out in the order the boxes appear. Below, each field gets its own walkthrough.
County of (Heading Block)
This top line asks for the South Carolina county where the estate is open. It sits right under the words IN THE PROBATE COURT.
Write the county name in plain capital letters. For example, Maria Lopez, who is settling her father’s estate in Horry County, writes HORRY on this line. Use only the county where the court appointed you, not the county where the decedent lived if they differ.
A common edge case is a decedent who owned land in two counties. You still file in the single county where the estate is open, not in both. The most common mistake here is naming the wrong county, and the direct consequence is that publication in that county’s paper does not count, forcing you to start over and pay the newspaper again. Many people wrongly believe the notice must run in the county where the person died; in truth, it runs in the county where the estate is administered.
In the Matter of (Decedent’s Name)
This field asks for the full legal name of the person who died. It is labeled (Decedent).
Enter the name exactly as it appears on the death certificate, in full. For example, Maria writes ROBERTO ANTONIO LOPEZ. Do not use nicknames, and do not shorten a middle name to an initial unless the certificate does.
If the decedent used more than one name, such as a maiden name, list the legal name and add the alias with “a/k/a.” The most common mistake is using a casual name like “Bob” instead of “Robert,” and the consequence is that a creditor can later argue the notice failed to identify the estate, reopening the claim window. People often think the name on the will controls; the death certificate is the safer match because creditors cross-check public records.
Case Number
This box asks for the probate case number the court assigned when the estate opened. It appears in the heading block beside the decedent’s name.
Copy the number exactly from your appointment paperwork, including any year prefix or letters. For example, Maria enters 2026ES2600412. The format varies by county, so match what the clerk gave you.
If you have not yet received a case number, you cannot publish the notice yet, because the estate is not formally open. The most common mistake is transposing a digit, and the consequence is that creditors file claims against the wrong case or cannot find yours at all. Some filers think the case number is optional on the published portion; it is part of the official record and should match across every document.
Probate Court County and Address (Inside the Notice Paragraph)
The notice paragraph asks you to name the county and the address of the Probate Court where creditors must file claims. It sits inside the starred text that gets published.
Fill in the county name, then the full street and mailing address of that county’s Probate Court. For example, Maria writes that claims go to the HORRY County Probate Court, 1301 Second Avenue, Conway, SC 29526. Use the address the court itself lists, since some counties have separate mailing and physical addresses.
If your county uses a P.O. Box for filings, use that box, not the street address, so claims arrive at the right window. The most common mistake is leaving this blank, and the consequence is creditors do not know where to send Form #371ES, which can later void the notice. People often assume creditors will “figure out” the address; the law requires it to appear in the notice itself.
Estate
This field repeats the estate’s name for the information block below the notice paragraph. It usually mirrors the decedent’s name.
Enter the estate name, typically Estate of [Full Legal Name]. For example, Maria writes Estate of Roberto Antonio Lopez. Keep it consistent with the decedent field above.
If the estate has a formal style assigned by the court, use that exact wording. The most common mistake is a mismatch between this line and the decedent line, and the consequence is confusion in the court record. Many filers think this block is a duplicate they can skip; the court uses it to index the estate.
Date of Death
This box asks when the decedent died. It anchors the one-year outer deadline for claims.
Write the date as it appears on the death certificate. For example, Maria enters January 14, 2026. Use the full date, not just the year.
If the death certificate lists a date range or an “approximate” date, use the date the certificate officially records. The most common mistake is guessing the date, and the consequence is a miscalculated deadline that lets a barred creditor reopen a claim. People often confuse the date of death with the date of appointment; only the death date controls the one-year limit under Section 62-3-803.
Case Number (Information Block)
This second case number line confirms the number in the information block. It must match the heading.
Enter the same case number you used above, character for character. For example, Maria again writes 2026ES2600412. Consistency is the whole point of this line.
If you notice the two case numbers do not match, fix both before filing. The most common mistake is updating one line but not the other, and the consequence is a clerk rejection at the filing window. Some people think repeating the number is pointless; the court treats each block as a separate check.
Personal Representative and Address
This field asks for your full name and mailing address as the appointed personal representative. Creditors and the court use it to reach you.
Enter your full legal name and a reliable mailing address. For example, Maria writes Maria Elena Lopez, 482 Palmetto Lane, Myrtle Beach, SC 29577. Use an address you check often, since claims and notices arrive here.
If you move during the estate, update the court right away, because creditors rely on this address. The most common mistake is using an old address, and the consequence is missed claims and disputes about whether notice was proper. People often list the decedent’s address by habit; it must be your address as representative.
Attorney, If Applicable, and Address
This field asks for your attorney’s name and office address, but only if you hired one. It is optional for pro se filers.
If you have a lawyer, enter the firm name and address. For example, if Maria hired counsel, she writes Johnson & Reed LLC, 100 Main Street, Conway, SC 29526. If you have no lawyer, leave it blank or write N/A.
A common edge case is hiring a lawyer partway through; add them once retained. The most common mistake is listing a lawyer you only consulted but did not retain, and the consequence is that legal mail goes to someone not handling the case. Many filers think they must hire an attorney to publish notice; you can do this yourself.
Co-Personal Representative and Address
This field captures a second appointed representative, if the court named one. Many estates have only one, so this is often blank.
If two of you serve, enter the co-representative’s full name and address. For example, in another estate, brothers James and David Carter both serve, so David’s line reads David Carter, 77 Oak Street, Greenville, SC 29601. If you serve alone, write N/A.
A common edge case is co-representatives at different addresses; list each one separately. The most common mistake is leaving a real co-representative off, and the consequence is an incomplete notice that a creditor can challenge. People often assume only the “main” representative must appear; the law expects every appointed representative to be named.
Instructions Line: Newspaper Name and County
This line asks you to name the newspaper that will publish the notice and the county it serves. It tells the court where the notice will run.
Enter the exact newspaper name and the county. For example, Maria writes that publication will be in The Sun News, a newspaper of general circulation in HORRY County. The paper must truly circulate in that county.
If your county has several papers, pick one that the court accepts as “general circulation,” not a niche or trade paper. The most common mistake is choosing a paper that does not qualify, and the consequence is that the publication does not satisfy the law and must be redone. People often think any local paper works; it must be one of general circulation in the correct county.
Publish Only the Starred (*) Portion
This instruction tells you which part of the form actually goes into the newspaper. Only the section marked with an asterisk gets published.
Send the newspaper the starred NOTICE TO CREDITORS OF ESTATES text plus the estate information. For example, Maria emails the paper only the starred block, not the Certificate of Publication. Publishing the full form wastes money and clutters the notice.
A useful nuance: the law lets you combine several estates’ notices under one heading to save cost, which papers and courts allow. The most common mistake is publishing the whole form, and the consequence is higher newspaper fees and a messy public notice. Many filers think the entire page must run; only the starred portion is required.
Publish Once a Week for Three Successive Weeks
This instruction sets the publication schedule the statute demands. It is not a one-time ad.
Arrange for the notice to run one time per week for three weeks in a row. For example, Maria’s notice runs on three consecutive Sundays. The first publication date starts the eight-month claim clock.
A common edge case is a paper that publishes weekly versus daily; either works as long as the notice appears once per week for three separate weeks. The most common mistake is running it once or skipping a week, and the consequence is that the notice fails and creditors are not barred. People often think a single large ad is enough; Section 62-3-801 requires three weekly runs.
Certificate of Publication: Dates and Newspaper Representative
This block proves the notice actually ran. A newspaper representative completes and signs it after publication.
The newspaper fills in the three publication dates, the paper’s name, and the county, then signs. For example, the rep certifies the notice ran on April 5, April 12, and April 19, 2026 in The Sun News in HORRY County. You do not fill this in yourself; the paper does.
A common edge case is a paper that issues its own affidavit instead of using this block; courts usually accept either as proof. The most common mistake is filing the form without this certificate, and the consequence is the court cannot confirm publication, leaving the claim deadline unproven. People often think their own word is enough; the court needs the newspaper’s sworn proof.
Notary Block: Sworn Statement, Signature, and Commission
The bottom block is a notarization of the newspaper representative’s certificate. A notary public confirms the rep swore to the facts.
The newspaper representative signs before a notary, who then prints their name, address, phone, email, and commission expiration. For example, the notary writes My Commission Expires: 08/30/2029. This step makes the certificate legally sworn.
A common edge case is an out-of-state notary; the notary must be commissioned for South Carolina. The most common mistake is an unsigned or undated notary block, and the consequence is the proof of publication is invalid. People often think notarization is optional paperwork; without it, the court may reject the proof.
Three Filled-Out Examples Using Real Scenarios
Below are three common situations. Each follows one person through the form from top to bottom.
Scenario 1: Maria, a solo executor with one heir
Maria’s father died with a small estate and one beneficiary. She files alone, with no attorney.
| Form Section | What Maria Enters |
|---|---|
| County of | HORRY |
| In the Matter of (Decedent) | ROBERTO ANTONIO LOPEZ |
| Case Number | 2026ES2600412 |
| Probate Court Address | 1301 Second Avenue, Conway, SC 29526 |
| Date of Death | January 14, 2026 |
| Personal Representative | Maria Elena Lopez |
| PR Address | 482 Palmetto Lane, Myrtle Beach, SC 29577 |
| Attorney | N/A |
| Newspaper | The Sun News, HORRY County |
| Co-Personal Representative | N/A |
Scenario 2: James and David, co-representatives with an attorney
Two brothers serve together for their mother’s larger estate and hired a probate lawyer.
| Form Section | What James Enters |
|---|---|
| County of | GREENVILLE |
| In the Matter of (Decedent) | PATRICIA ANN CARTER |
| Case Number | 2026ES2300987 |
| Probate Court Address | 301 University Ridge, Greenville, SC 29601 |
| Date of Death | March 2, 2026 |
| Personal Representative | James Robert Carter |
| Co-Personal Representative | David Michael Carter |
| Attorney | Johnson & Reed LLC, Greenville, SC |
| Newspaper | The Greenville News, GREENVILLE County |
| Date of First Publication | April 5, 2026 |
Scenario 3: Aisha, administrator of an estate with no will
Aisha was appointed administrator for her uncle, who died without a will, and she files pro se.
| Form Section | What Aisha Enters |
|---|---|
| County of | RICHLAND |
| In the Matter of (Decedent) | SAMUEL T. JOHNSON |
| Case Number | 2026ES4001550 |
| Probate Court Address | 1701 Main Street, Columbia, SC 29201 |
| Date of Death | February 20, 2026 |
| Personal Representative | Aisha Renee Johnson |
| PR Address | 15 Forest Drive, Columbia, SC 29204 |
| Attorney | N/A |
| Newspaper | The State, RICHLAND County |
| Co-Personal Representative | N/A |
Beyond these, picture Marcus, an executor in Lexington County who forgot to keep the newspaper affidavit and had to request a duplicate. Each named filer shows a different path through the same one-page form.
How to File the Completed Form
Filing happens in two stages: publication with a newspaper, then filing with the court. You must do both.
Step one: send the notice to a newspaper. Email or deliver the starred portion to a newspaper of general circulation in your county, such as The Sun News for the Myrtle Beach area or another qualifying paper. The paper publishes once a week for three weeks. Publication fees vary, often falling between roughly $50 and $200, and most papers accept credit card, check, or invoice. Keep the paper’s invoice and its affidavit or completed Certificate of Publication as your proof.
Step two: file with the Probate Court. Take or mail the completed Form #370ES, along with the proof of publication, to the county Probate Court. You can file in person at the court, such as the Charleston County Probate Court at 84 Broad Street, Charleston, SC 29401, or by mail to the address your county lists. Some counties accept filings only in person or by mail, not by fax or portal, so call ahead. Filing fees for individual documents are often modest or rolled into the estate’s overall fee, and courts accept cash, check, or money order.
Always keep copies. Hold onto the filed form, the newspaper affidavit, and any receipts. These prove you met the publication duty, which protects you if a creditor later claims they were never notified.
What Happens After You File
Once the notice publishes and you file proof, the legal clock starts ticking. Creditors then have a deadline to present claims, and that deadline is the heart of the whole process.
Under Section 62-3-801, creditors must present claims within eight months after the first publication date. A separate outer limit under Section 62-3-803 bars all claims more than one year after the date of death, whichever comes first. After that window, qualifying creditors are forever barred, meaning they lose the legal right to collect from the estate.
When a claim does come in, you review it. The personal representative must, within 60 days after the claim is filed or within nine months after death, whichever is later, either pay it or serve a notice of disallowance. If you do nothing, the claim is treated as allowed, so silence can cost the estate money.
Once the claim window closes and valid debts are paid, you can move toward closing the estate and distributing what remains to the heirs. The published notice is what lets you do this with confidence, because it cuts off late claims.
Mistakes to Avoid When Filling Out the Form
Each box is its own chance for error. Here are the most common ones and what each costs you.
- Naming the wrong county, which makes the newspaper publication fail to count.
- Using a nickname instead of the legal name, which lets a creditor argue the notice did not identify the estate.
- Leaving the case number blank, which means creditors cannot find your estate to file claims.
- Transposing digits in the case number, which routes claims to the wrong file.
- Omitting the Probate Court address, which leaves creditors with nowhere to send Form #371ES.
- Listing the decedent’s address instead of your own, which causes you to miss mailed claims.
- Forgetting a co-personal representative, which makes the notice incomplete and challengeable.
- Choosing a newspaper that is not of general circulation, which voids the publication.
- Publishing only once instead of three weekly runs, which fails the statute and does not bar creditors.
- Publishing the entire form instead of the starred portion, which raises your newspaper bill needlessly.
- Filing without the Certificate of Publication, which leaves the court unable to confirm the notice ran.
- Skipping the notary block, which makes your proof of publication invalid.
Do’s and Don’ts
A few simple habits keep your notice clean and accepted.
Do: – Do match the decedent’s name to the death certificate, because creditors cross-check public records. – Do confirm your case number on every line, because mismatches trigger clerk rejections. – Do keep the newspaper affidavit, because it is your proof the notice ran. – Do use your current mailing address, because claims arrive there. – Do verify the newspaper qualifies as general circulation, because the wrong paper voids publication. – Do note the first publication date, because it starts the eight-month clock.
Don’t: – Don’t publish the full form, because only the starred portion is required. – Don’t run the notice just once, because the law demands three weekly runs. – Don’t guess the date of death, because it sets the one-year outer limit. – Don’t leave the court address blank, because creditors need it to file claims. – Don’t ignore a filed claim, because silence can count as allowing it. – Don’t use an out-of-state notary, because the notary must be commissioned in South Carolina.
Pros and Cons of Filing on Your Own vs. With Help
Many South Carolina personal representatives handle this form without a lawyer. Whether you should depends on the estate.
Pros of filing pro se: – You save attorney fees, because the form itself is free and short. – You control the timing, because you deal with the newspaper directly. – You learn the estate inside out, because you handle each step yourself. – The form is one page, because the state designed it for ordinary filers. – County clerks can point you to the right window, because filing help is built in.
Cons of filing pro se: – You bear the risk of errors, because a flawed notice can reopen the estate. – You must track deadlines yourself, because no one reminds you of the eight-month clock. – Disputed claims get complex, because evaluating debts can require legal judgment. – A wrong newspaper choice falls on you, because you picked it. – Larger estates raise tax and creditor issues, because complexity grows with value.
FAQs
Do I have to publish the Notice to Creditors in a newspaper? Yes. South Carolina law requires the personal representative to publish Form #370ES once a week for three successive weeks in a newspaper of general circulation in the estate’s county.
Is Form #370ES the same as Form #371ES? No. Form #370ES is the notice you publish, while Form #371ES is the separate Statement of Creditor’s Claim that a creditor files to make a claim.
Do I write the decedent’s nickname or legal name in the “In the Matter of” box? No. Use the full legal name exactly as it appears on the death certificate, because creditors cross-check the name against public records.
Do I fill in the Certificate of Publication myself? No. The newspaper representative completes and signs that block after the notice runs, and a notary public then notarizes it as proof.
Is the case number required on the published notice? Yes. The case number is part of the official record, and creditors use it to file claims against the correct estate.
Do I list my own address or the decedent’s address in the Personal Representative box? No. Enter your own current mailing address, because creditors and the court send claims and notices directly to you.
Is there a deadline for creditors to file claims? Yes. Creditors must present claims within eight months of first publication or one year from the date of death, whichever is earlier, or be forever barred.
Do I need an attorney to file the Notice to Creditors? No. A personal representative can complete, publish, and file Form #370ES without a lawyer, since the form is one page and self-explanatory.
Is publishing the notice once enough? No. The notice must run once a week for three successive weeks, and a single run does not satisfy the statute or bar creditors.
Do I publish the entire form in the newspaper? No. Publish only the starred (*) portion, because publishing the full page adds cost without meeting any legal requirement.
Is a Notice to Creditors required if no one is appointed to administer the estate? No. If no personal representative is appointed within one year of the death, the notice under Section 62-3-801 is not required.
Do I file the form before or after the newspaper publishes it? No, not before. You file the completed form with proof of publication after the notice has run all three weeks in the newspaper.
Is the date of death or the date of appointment used for the one-year deadline? No, not the appointment date. The one-year outer limit on claims runs from the date of death under Section 62-3-803.
Do co-personal representatives both have to be named on the form? Yes. Every appointed representative must appear, because leaving one off makes the notice incomplete and open to challenge.
Related reading
- How to Fill Out Alabama Notice to Creditors (w/Examples) + FAQs
- How to Fill Out South Carolina Final Account and Petition for Distribution + FAQs
- How to Fill Out the South Carolina Inventory and Appraisement of the Estate (Form 350ES) + FAQs
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- How to Fill Out South Carolina Small Estate Affidavit (w/Examples) + FAQs
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