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South Carolina will forms you can count on
Estate planning may sound complicated, but having a last will and testament can give you peace of mind. If you get a will, you will have a legal document that contains your final wishes, including how you want your assets distributed, any individuals you do not wish to disinherit, and at what age your beneficiaries can access their inheritance.
If you die without a will—known as dying intestate—then a probate court could apply the state laws of intestacy to determine who should receive the assets in your estate. Unless you’re okay with the court making this determination for you, you should get a will.
With FindLaw, you can easily create a will. Click on the links below to jump down the page:
How it works
It only takes minutes to control your future. Need help? Contact one of our directory attorneys.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time.
Gather information
You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.
Complete your documents
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
What’s next to make my South Carolina will valid?
Follow these steps to create a will that meets the requirements of South Carolina state law.
Choose an executor
As the testator (the person making the will), you will be able to pick a person to handle the distribution of your assets after you pass away. The person you choose to administer your estate is called a personal representative or executor.
You should also choose an alternate executor in case the person who you chose to administer your estate is incapacitated or dead when the time comes to fulfill these duties.
Choose beneficiaries
A beneficiary is a person who will receive property from your estate. Most people look to their family members, friends, and neighbors as they select their desired beneficiaries. Consider if you’d like to list of any the following among your beneficiaries:
- Spouse
- Children
- Siblings
- Charities
- Friends
Be sure to use the full legal names for the individuals you identify as your beneficiaries. Also, provide specific information regarding any charities you list as beneficiaries so that they can be easily identified.
Choose guardians for minor children
A guardian is a person who will take care of your minor children if you die before they reach adulthood. It is important to choose this person wisely, and choose an alternate guardian, because they will have the responsibility of making sure your children have everything that they need. If you don’t choose someone you trust to serve as a guardian, a court could end up appointing someone to take care of your children.
List your assets and decide how you want them distributed
Most people think of houses when they hear the term “assets,” but there are also other things you own that you might wish to dispose of in your will. The following are assets you should consider transferring through your will or by other means:
- Real estate
- Vehicles
- Insurance policies
- Sentimental items
- Bank accounts
If you’d like for someone to receive a specific item, clearly stating your wishes in your will could be the best way to make sure that they receive it when you die. If your wishes are not clearly stated in a valid will, your family might have to go through a long and expensive probate process in order to determine what should be done with your assets.
Download and execute your will form
It only takes minutes to follow the steps and make your own South Carolina will. Note that in order to meet the requirements under Section 62-2-502 of the South Carolina Probate Code, your will must be:
- In writing
- Signed by the testator (or by someone who signed in the testator’s presence at the testator’s direction)
- Signed by at least two witnesses
If your will is not notarized, the court may have to call witnesses forward as part of the probate process. Probate is the legal process used to transfer property after someone has died. A probate court should not need witness testimony if the document is notarized. When the notary public signs a document called an affidavit, it becomes “self-proving.”
Store your will in a safe place
It’s important to make sure that your family can find your will when they need it. First, make sure that the person you’ve named as your executor understands their role. Second, place your will in a place that is safe and accessible. Your family could have to go before a judge just to get access to your will if they can’t get to it themselves.
Frequently asked questions about South Carolina last will and testaments
The South Carolina Probate Code contains requirements for a valid South Carolina will. If your will doesn’t comply with South Carolina law, it could be considered invalid. For example, under South Carolina law, you must be of sound mind and at least eighteen years of age to make a will. If this requirement for making a will isn’t met, then the will may not be valid.
You may be able to find a free will form on the internet, but it might not be tailored to the laws in South Carolina. You might also have personal circumstances that aren’t addressed in a free form.
Our forms are state-specific and created by estate planning lawyers. Don’t run the risk of having an error-filled form that doesn’t comply with the requirements in your state. Get a will for South Carolina with our simple process.
No. While a will deals with the distribution of your assets when you die, a living will addresses the medical care you’d like to receive if you’re incapacitated or unable to communicate your wishes. You might wish to have both a will and a living will in your estate plan. Also, consider granting someone powers of attorney to act on your behalf.
Whether or not you need to get a lawyer depends on your circumstances and how comfortable you are with making a will on your own. You do not have to hire a lawyer to make a will, but you might wish to have a lawyer review your form after you make it.
FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have special circumstances, such as a very high net worth, you might want to contact an estate planning lawyer.
You may want to speak with a lawyer if you:
- Have a past divorce, blended family, or other complex family situation
- Have a high-value estate
- Own a business
- Want to create a special needs trust
- Want legal review of your completed will
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