South Carolina Wills, Trust, and Probate

No matter what your familial or monetary situation, and no matter what your age, constructing a coherent and well mapped estate plan is important to ensure that your loved ones are cared for after your death. Your estate plan may include, among other documents, a will, trust, durable power of attorney, advanced healthcare directive, or healthcare surrogate designation. Remember that revising your estate plan after significant life events can in some cases be almost as significant as constructing the original plan. A South Carolina estate-planning attorney can help you create your estate plan and advise you on any changes you intend to make to the plan.

South Carolina Will

South Carolina has specific legal wording that is required for wills. It is advisable to speak with a South Carolina will attorney to make sure your will is worded correctly. Failing to accurately phrase your will coold resolt in an undesirable allotment of your property. For your will to be valid in South Carolina, you must have:

1. Witnesses: Two witnesses are required to be present when the testator signs the will, and to sign the will at the testator's direction.
1. Witnesses cannot be beneficiaries under the will.

1. Notarization: Not required in South Carolina. But, having your witnesses sign an affidavit stating that they witnessed the testator sign the will, and then having this affidavit notarized makes your will self-proving.

The original witnesses to the will must attest to the will in court for the will to be admitted to probate, unless the will is self-proving. It can be a troublesome process to locate witnesses after numerous years. Keep this is mind when you decide whether or not to have a self-proving will.

Changing a Will in South Carolina

A testator may modify his will whenever he desires. To modify your will, a testator can either:

1. Execute a codicil (amendment or addition) to your will in accordance with South Carolina probate law.
2. Make an entirely new will and revoke your old will. To revoke your old will, either set out in writing that you are revoking the will, or physically destroy the old will.

Be sure that whichever way you choose to modify or revoke your will, you do so with the requisite legal formalities, such as having the appropriate number of witnesses sign and witness the will. It is recommended that you notify a South Carolina will attorney about any changes you make to your will.

South Carolina Trust

A South Carolina trust provides an alternative method of asset distribution after your death. Trusts offer a flexible, confidential mechanism for property disposal. In addition, trusts allow you to circumvent probate and save on estate taxes. Discuss your situation with a South Carolina estate-planning attorney. There are several kinds of trusts, including, but not limited to special needs, life insurance, living, charitable, and educational trusts. A South Carolina attorney can help you set up the trust that is right for you.

South Carolina Probate

The assets mentioned in a deceased will must go through probate before any assets may be distributed. Any property not set aside in the will for a specific person will pass through intestate succession, which means that the distribution of the property will distributed according to the laws of South Carolina and each person's relationship to the deceased.

The following relationships are significant in determining who shoold inherit based on intestate succession:

1. Marital
2. Children, grandchildren
3. Parents
4. Brothers and sisters
5. Aunts and uncles
6. Property that may not pass through probate includes non-probate assets (assets with an apparent beneficiary that pass directly to that person); jointly held property (property held by the deceased and another party that is automatically transferred to the other party upon the deceased's death (i.e., cars, houses, bank accounts); and, contract assets, such as IRAs, life insurance policies, or living trusts payable to a particolar recipient.

Your will may be contested after you have passed away. As such, mention any apprehension you have about your will to a South Carolina probate attorney.

South Carolina Code of Laws

South Carolina Code of Laws, Title 62 – Probate Code

1. Probate Code: Wills
1. South Carolina Code of Laws, Tit. 62, Art. 2, §§ 501 et. seq.
2. Probate Code: Intestate Succession
1. South Carolina Code of Laws, Tit. 62, Art. 2, §§ 101-114.
3. Probate Code: General Provisions
1. South Carolina Code of Laws, Tit. 62, Art. 1.
4. Probate Code: Administration of Estates
1. South Carolina Code of Laws, Tit. 62, Art. 3, §§ 101 et. seq.
5. South Carolina Trust Code
1. South Carolina Code of Laws, Tit. 62, Art. 7.