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South Carolina Last Will and Testament

South Carolina Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

7 mins

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Once you decide to make your South Carolina last will and testament and begin your estate management, you'll get to know that you need to follow specific rules of your state. Keeping up with these guidelines would help you create a legal last will to uphold in court. Your loved ones won't have to go for long court hours to prove their share in the estate. That's why following these rules is crucial for your estate planning. For example, to make a South Carolina online last will and testament, you must go through the state's guidelines. 

If you live in South Carolina, here's what you should follow.

Requirements for a South Carolina Last Will and Testament 

  • Written will: A South Carolina last will and testament must be on paper to be legal. It cannot be audio, video, or other digital file forms. 
  • Must be of at least 18 age or married or an emancipated minor 
  • Sound mind and memory: The testator for a South Carolina last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your South Carolina last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will.

Who can be your witnesses for a South Carolina Last Will and Testament? 

Your witnesses for a South Carolina last will must follow these conditions:

  • South Carolina allows anyone competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as they could lose the estate portion or any gift you leave them.

South Carolina rules for a personal representative or an executor 

Choosing an executor for your South Carolina last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. South Carolina doesn't restrict people convicted of a felony from being executors.
  4. South Carolina allows you to choose someone out of state as your executor.

Last will and Testament Notarization in South Carolina 

There's no need to notarize your South Carolina last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

South Carolina Last Will Revocation 

You could follow any of the following methods to revoke your South Carolina last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Asking someone to destroy the last will before you and two witnesses 
  • Making a new legal will that revokes any part or the entire previous will.

What if you have more than one South Carolina will?

If it's not clear whether your new South Carolina will revoke the old one, the state will follow these rules:

  • It'll replace the old will if the new one has varying or contradictory terms to your previous South Carolina will.
  • The probate court assumes you wanted to revoke the previous will if the new one disposes of your entire estate.
  • If the new will doesn't dispose of the entire estate, it would be treated as a supplement to the old South Carolina will.
South Carolina last will and testament

South Carolina Last Will Amendment Rules 

If you wish to make some minor and simple changes to your South Carolina last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

South Carolina rules for divorce after making your last will

  • South Carolina law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your South Carolina will or remarry your ex.

What happens if you don't have a will in South Carolina?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children

Spouse inherits everything 

Has a spouse and children 

Spouse inherits one-half of the estate 


Children inherit the balance 

Has parents, no spouse, no descendants 

Parents inherit everything 

Has siblings, no parents, no spouse, no children 

Siblings inherit everything 

Last Will and Testament South Carolina Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament South Carolina free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new South Carolina last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable South Carolina last will and testament. 

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Frequently Asked Questions

Do I need to have a certain amount of money to make a will?

No, there's no minimum limit of money you need to have to make your last will. It would dispose of any assets you leave to the beneficiaries.

Does my will dispose of all my assets?

A will would only dispose of the assets mentioned in it. You could decide which assets go to whom. However, it's always better to mention all your assets.

Can I leave my spouse or family out of my will?

You can leave all your assets to anyone you want. It can be a stranger or an organization. However, you should consult an expert before finalizing the will to avoid any issues.

Can I leave or donate my estate to an organization or charity?

You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.

Can I decide who would look after my minor children in my will?

Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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