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.

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.

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.

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.

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.”

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.