When it comes to a , the state’s probate courts oversee the division of property and estates. The court handles estate and property divisions (or the person who made the will).
A South Carolina will explains what happens to an individual’s property after death. In South Carolina, the last will and testament must be created by someone 18 years or older. The testator must be of sound mind or someone who has not been deemed incompetent in any previous legal proceedings. They must present the document in writing.
A South Carolina last will and testament template may make a will. However, it is not required.
If changes are needed to the last will and testament form, South Carolina requires an amendment – called a codicil – to be included and signed in the same manner as the rest of the document. The testator must add the codicil (and have it witnessed) before their death.
South Carolina Last Will and Testament Template
A will guarantees that your money and property are distributed according to your wishes following your death. For a will to be valid in South Carolina, the testator must follow specific guidelines:
- Divide the desired property between inheritors
- Choose an executor
- Choose a guardian if children are present and underage
- Choose a manager for your children’s property
- Sign the will in front of at least two witnesses
- Two witnesses sign the will (they must not be beneficiaries of the will)
These requirements are essential for a valid will. The state of South Carolina handles all wills through the probate courts. If the estate is less than $25,000, it will skip the probate process.
South Carolina does not require a notary’s signature for the will to be valid. However, a notary’s signature makes the will considered self-proved. A self-proved will can be admitted to the court without witness testimony, speeding up the probate process.
While a free last will and testament in South Carolina might be untenable, a simple South Carolina will template allows the process to move forward at a reasonable price. Some attorneys charge hundreds or thousands of dollars, depending on the complexity of the content.
A testator can create their own will in South Carolina. One can typically find simple resources to guide them in the process. If all state requirements are followed, the court must accept the will as legal and valid.