How to Write a Will in South Carolina

In South Carolina, persons over 18 can write a will themselves or with the help of a professional, such as an attorney or LegalPen, an online writing company. The will should include a list of your property and assets, your beneficiaries and bequests, an appointment with an executor, and a nomination for a guardian for your minor children and pets. It should include your funeral and burial wishes. After writing the will, you should sign it with two competent witnesses. 

What are the Steps to Create a Will in South Carolina

To create a will in South Carolina, here are the steps you should follow:

1. Decide the property you want to include in your will
2. List of your property, assets
3. List of your beneficiaries such as children, parents, relatives
4. Choose an executor who will be in charge of the administration of your estate
5. Choose a guardian for your children
6. When you have a pet, choose a guardian for your pet
7. Choose a reputable will-writing company, such as LegalPen, to create a valid will for you.
8. Execute the will in the presence of at least two witnesses who are not beneficiaries of your will.

What Happens if I Don’t Have a Will?

When you die without a will, you are considered to have died intestate. This means that your assets and liabilities will pass to your heirs under the South Carolina intestacy laws. Under intestacy laws, your debts and bills are paid first, and then the remainder of your assets are distributed to your close relatives, such as your spouse, your children, your parents, and your siblings. 

What Are the Requirements for Writing a Last Will in South Carolina?

The South Carolina Code of Laws-Title 62 elucidates the requirements for writing a last will in South Carolina; they include:

1. The testator must be an adult of 18 years and above;
2. The testator must be of sound mind, having testamentary capacity to understand their assets and property and their moral responsibility to their beneficiaries;
3. The will must be in writing;
4. The testator must sign the will;
5. Two competent witnesses must witness the will, preferably those who are not beneficiaries. 

How Often Should You Review and Update Your South Carolina Will?

You should review and update your will at least yearly. This will keep it up-to-date and reflect the latest changes in your will, like purchasing new assets, acquiring a loan, getting married, and having minor children.

Updating your will ensures that all your property is included and that some of it passes through intestacy laws. 

How to revise and update your will in South Carolina

You may revise and update your will in South Carolina by creating a new will that revokes the old will and accurately reflects the new changes in your life. Alternatively, you may revise and update your will by creating a ‘codicil’, an instrument that makes changes to your will. The codicil should refer to the will, be dated, and be signed using the same formalities as making a will. 

What Makes a Will Valid in South Carolina?

The 2019 South Carolina Code of Laws-Title 62 stipulates what makes a valid will in South Carolina. The following makes a will valid in South Carolina:

1. The Maker of will should be an adult of sound mind;
2. The will should be in writing, and
3. The will should be signed by the testator in the presence of two credible witnesses;

How Do I Sign My South Carolina Will?

Your South Carolina will must be signed with wet ink. You should sign your will at the end of the document. The testator must sign the will in the presence of two attesting witnesses, who will sign it. 

What Can I Include in an Online Will in South Carolina?

When creating your online will in South Carolina, you may include the following information: 

1. A list of beneficiaries who will inherit your estate;
2. A nominated executor to administer your estate;
3. A guardian for your minor children;
4. An inventory of your assets and property; and
5. A list of your debts and liabilities.

Depending on your needs and wishes, you can include more clauses in your will that are customized to fit your needs. Make your online will with LegalPen today. 

Types of assets covered in a South Carolina Will

Some assets are exempt from your South Carolina will. Assets such as those held in trust, joint bank accounts, insurance accounts with a named beneficiary, retirement accounts and real estate with joint tenancy or rights of survivorship. However, you can include the following assets in your South Carolina will: 

1. Financial investments such as stocks and bonds;
2. Real estate property such as apartments and land;
3. Bank accounts in the testator’s name;
4. Personal property such as clothing, collectibles, jewellery;
5. Business interests and stakes in companies; and
6. Vehicles, boats, and other property. 

Can I Revoke or Change My Will in South Carolina?

Yes, you can revoke or change your will in South Carolina. South Carolina Code Section 62-2-507 stipulates how to do so. When making changes to a will, you should revoke the old one and make a new one or create a codicil that supplements and refers to the will. 

How do you Revoke or Change your will in South Carolina?

When revoking your will, you must have the intention to revoke or change it and revoke or change the will. You can revoke your will by:

1. Making a new will that revokes an old will, the clause should state that the new will revokes the old will;
2. Canceling, burning, tearing, obliterating, or destroying whole or part of your will; and
3. You are ordering someone to cancel, burn, obliterate, or tear the whole or part of it in your presence.

Additionally, divorce revokes a will. Any provision in the will that allocates property or assets to your former spouse is revoked. This rule does not apply if you happen to remarry your spouse or you specifically state in your will that the divorce should not affect the provisions in your will. 

Can I Make a Digital or Electronic Will in South Carolina?

Yes, you can make digital or electronic wills in South Carolina. Electronic wills are wills made online, signed and witnessed electronically. They are made using online writing companies such as LegalPen, online websites, and software. However, after creating a digital will, one should print it in hard copy and sign it with wet ink signatures. 

Who Can Witness a Will in South Carolina?

An adult 18 years old and above can witness a will in South Carolina. The witness should be of sound mind and not have a direct personal interest in the estate of the decedent.

South Carolina laws require that a will be witnessed by at least two credible witnesses who can testify as to its existence upon the testator’s death.

Should My Will Name an Executor?

Yes, you should name an executor in your will. The executor ensures that your wishes are carried out after your death. Additionally, they administer your estate on your behalf, file your will at the probate court, and keep an inventory of your assets and liabilities. 

What are the South Carolina will executor requirements?

The South Carolina Code of Laws- Title 62 section 3-203 stipulates the requirements for one to qualify as an executor in South Carolina. The executor:

1. Must be at least 18 years old and
2. Be of sound mind; they should not be adjudged incapacitated by a court. 

Other states stipulate that persons with felony convictions should not serve as executors. However, in South Carolina, no statute prohibits a person convicted of a felony from being named an executor in a will. 

What Happens to a Will After Death in South Carolina?

Once the testator dies, their will is filed by the testator at the probate court in the county where the decedent resided at the time of their death. After filing the will, the will goes through the probate process, which takes at least eight (8) months to complete. For larger and more complex estates, the probate process may take longer. The period is to allow creditors to submit claims against the estate.

During the probate process, the will is legitimized, and the court gives the executor authority to prepare an inventory of the deceased estate’s assets and liabilities and distribute the property according to the will’s provisions. 

What is the Impact of Marriage and Divorce on Your South Carolina Will

Marriage and Divorce revoke a will in South Carolina. They are commonly referred to as instances that revoke a will by operation of law. In case of divorce, any provision in your will that assigns property to your former spouse is revoked unless the will expressly mentions that divorce will not revoke any provision in the will.

In the instance of marriage, marriage revokes a will if the testator was unmarried at the time of making the will; their subsequent marriage revokes the will. To avoid revocation, married couples should make a will for married couples, or each spouse can make their own will. 

Do all wills in South Carolina have to go through probate?

Yes, all wills in South Carolina have to go through probate. For large and complex estates, the probate process might take from 8 months to one year. Smaller estates with property valued at $25,000 or less may qualify for a shorter and more straightforward process than the standard probate process. The probate process for smaller estates takes a few weeks or even days. 

Is South Carolina a community property state?

No, South Carolina is an equitable property state. An equitable property state looks at the contribution of each spouse as opposed to dividing the property equally. The South Carolina ‘equitable division’ rules consider the following in the division of the property:

1. The duration of the marriage;
2. Marital misconduct or fault of either spouse;
3. The value of the marital property;
4. The contribution of each spouse to the acquisition of the marital property;
5. The income of each spouse;
6. The health, both physical and emotional, of each spouse;
7. The additional needs of each spouse;
8. The non-marital property of each spouse; and
9. The existence or non-existence of vested retirement benefits of each or either spouse, among other factors. 

How is South Carolina’s intestate succession done?

Intestate succession in South Carolina is done in accordance with the intestacy laws. The South Carolina Probate Code, Article 2—Intestate Succession and Wills, details the procedure followed in intestacy cases. 

When a decedent person is married, the spouse will receive the entire estate. When the decedent has children, the spouse will receive 50% of the estate, and the children will divide the remainder equally. When the decedent had a spouse no children, they would divide the estate equally. When the deceased has no spouse or children, the estate will devolve to the decedent’s parents. When the decedent has no spouse, children or parents, the estate devolves to the decedent’s siblings. 

How is the Estate and Inheritance tax in South Carolina done?

South Carolina does not have a state estate tax, and the estate of the deceased is not subject to it. However, federal tax applies. As of 2024, federal tax is applied if the estate of the deceased exceeds $12.92 million. Additionally, South Carolina does not impose an inheritance tax.

For proper estate tax planning, consult an estate attorney. 

Why should business owners consider a will? 

The benefits of considering writing a will for business owners are endless. To protect their legacy and business interests, business owners must consider a will that includes their business succession plan. Moreover, they should consider a will for the following reasons:

1. To specify who will inherit their property after their demise;
2. To ensure smooth continuity and operation of their business;
3. To prevent potential disputes among family members and business partners;
4. To protect their business assets;
5. To appoint an executor who is knowledgeable about the business and has the best interests in the continuity of the business;
6. To protect employees and other stakeholders of the business;
7. For peace of mind; and
8. To ensure compliance with the legal and regulatory requirements.