Will Writing Service in South Carolina

It is important to write a will to protect your property and care for your family after your demise. A last will and testament is a legal document containing a willmaker’s final wishes regarding their property and beneficiaries. Your will should be in writing, signed by yourself, and witnessed by two credible witnesses. However, this is not all. The article below provides additional guidance on writing a will. 

How much does it cost to write a will in South Carolina?

Writing a will in South Carolina costs an average of $ 450. The cost may vary depending on the attorney fees, the complexity of the will-maker’s estate, and the wishes and needs of the will-maker. Before writing your will, you can ask for a quote from various attorneys, online will writing companies such as LegalPen and online writing tools. Within your budget, you can choose an avenue to write a will. 

Can I write a will without a lawyer in South Carolina?

Yes, if you are 18 years old or older and of sound mind, you can write a will in South Carolina. The will must comply with the South Carolina Code of Laws 62-2-501 and detail your wishes regarding your property, your beneficiaries, your death wishes, and any other specific bequests.

Additionally, the testator must make the will on actual paper. It cannot be a video, audio, or digital file. It must be signed by the testator and witnessed and attested by two competent witnesses. 

Is It Legal to Write Your Own Will in South Carolina?

Yes, it is legal to write your own will in South Carolina. Testators can write their wills by hand, typing them, or using online resources to help them write their wills. Before writing a handwritten will, the will’s maker should take judicial note that South Carolina does not allow holographic wills.  

The will you write by yourself is a simple will, and it should adhere to the South Carolina Code of Laws 62-2-501. 

Does a will in South Carolina need to be notarized?

No, a will in South Carolina does not need to be notarized. However, a testator may notarize a will to smoothen the probate process. When wills are notarized, witnesses must not be summoned to attest that they are legally binding. 

Do I Need a Lawyer to Make a Will in South Carolina?

No, you do not need a lawyer to make a will in South Carolina. Adults can write their wills or engage LegalPen, an online will-writing company, to write wills independently.

Do I Need a Lawyer to File a Will in South Carolina?

No, you do not need a lawyer to file a will in South Carolina. Once the testator dies, their executor should file the will with the Probate Court within 30 days after death.

Are Online Wills Legal in South Carolina?

No, online-only wills are not legal in South Carolina. Wills can be created online using websites and software, but they must be printed in hard copy and signed by the testator in the presence of two competent witnesses.

Thus, South Carolina residents can create their online wills with LegalPen and print them for signing. 

How to Include Digital Assets in a South Carolina Will

The South Carolina Code of Laws—Title 62—South Carolina Probate Code stipulates that custodians of electronic communications or electronic accounts of a decedent must disclose them to the personal representative.

Implicitly, while making your will, you should include an inventory of your digital assets, such as intellectual property stored digitally, virtual wallets, cryptocurrencies, and digital business assets. After including digital assets in your will, you should appoint an executor who will be in charge of protecting and administering your digital assets,

As part of the instructions to the executor, you will include passwords to the digital accounts in the will, directions on how the digital assets will be utilized, and who will be beneficiaries of income from your accounts, such as YouTube. 

How to Disinherit Someone in a South Carolina Will

When disinheriting someone in your South Carolina, it is essential to state the disinheritance explicitly in the will. Leaving them out of the will does not amount to disinheritance. For example, if you leave out your spouse’s will due to the Spousal Elective Share Statute, the spouse left out of your will can legitimately claim at least one-third of the estate’s value. 

When disinheriting someone, clearly state in the will and communicate with your attorney and other loved ones that you intend to disinherit someone from the will. 

How to Handle Debts and Liabilities in a South Carolina Will

The South Carolina Probate Code allows the debtors of the deceased’s estate to present their claims, whether arising in tort, contract, or otherwise, to the personal representative of the decedent’s estate within one year to 8 months of the decedent’s death.

To prevent this from happening, a testator should include a list of their debts and liabilities in the will to guide the personal representative on how they would like their estate administered. The list should consist of all debts owed to banks, persons, or even institutions, and it can include the priority of payment. 

How to Provide for Minor Children in a South Carolina Will

You can provide for minor children in South Carolina by appointing a guardian who will take care of your minor children after death. The guardian will be responsible for the care of the children and will make decisions regarding the welfare of the children. The guardian should be capable of fulfilling their responsibilities. 

How to Store Your South Carolina Will Safely

When storing your will, you should prioritize security over hiding it. Instead of hiding it, store it where it can be easily found by your beneficiaries or loved ones. You can store your will in a fireproof box or safe that can be accessed by at least one person after your death or in a safe deposit box. Give one person information about where it is stored and share the key to the safe deposit box with them. Some testators choose to provide the original will to their representatives for safekeeping.

How to Contest a Will in South Carolina

You can contest a will in South Carolina by filing a claim with the help of an estate attorney. The claim is filed at the Probate Court in South Carolina. One may contest the will on the following grounds:

1. The testator lacked testamentary capacity when making the will; they were of unsound mind;
2. The testator was forced or coerced to include some terms in the will;
3. The testator and/or the witnesses failed to comply with the formalities for drafting a will or
4. There was fraud in the will-making process.

Before contesting a will, the person should have evidence. During the trial, “he who alleges must prove” applies, hence the requirement of evidence. 

What are No-Contest Clauses in South Carolina Wills?

A no-contest clause is a provision included in the will by the testator barring any of his/her beneficiaries from challenging the will’s provisions. The provision threatens to disinherit anyone who contests the will. The justification for the clause is to discourage beneficiaries from fighting over the deceased’s estate or going against the deceased’s wishes. 

What is the difference between probate in South Carolina and Alabama?

The probate process in South Carolina and Alabama are substantially similar. The probate process in South Carolina and Alabama is carried out in the probate court. The stark difference in the processes is that the probate process in South Carolina is quicker than the probate process in Alabama, whose duration depends on the estate’s complexity and the beneficiaries’ cooperation. Read Will Writing Service in Alabama to learn more about the probate process in Alabama. 

How to Handle Foreign Property in a South Carolina Will

Whether you own an apartment in Puerto Rico or land in Morocco, you should write a will.  Before writing a will in South Carolina, consult with an estate attorney in the jurisdiction where your foreign property is located.  Estate planning attorneys in South Carolina recommend that you have two wills. The first is a South Carolina will, and the other is a valid one in the country where the property is located. The other will appoint an executor who will be in charge of administering the property. It will be executed and witnessed according to the laws of the country where the property is situated. 

How to Make a Will for Same-Sex Couples in South Carolina

Same-sex couples in South Carolina need to contact an estate professional such as LegalPen to help create a detailed will. The will can consider homeownership if the homosexual couple are joint owners, beneficiary designations, guardianship for minors, trusts, and powers of attorney.

Ultimately, wills for same-sex couples do not differ from wills of a heterosexual couple. Contact our company today to learn more about how to do writing for couples. 

How to Plan for Pet Care in Your South Carolina Will

You can plan for pet care in South Carolina by choosing a guardian for your pet in your will. The guardian should be someone you trust and someone with a knack and passion for animals. Additionally, you should leave instructions regarding pet care and meal plans in the will.

Alternatively, you may designate a pet shelter to care for your pet after your demise. You should include instructions in the will and additional details, such as the address of the pet shelter and any additional information, such as contact information. 

How to Handle Business Succession in a South Carolina Will

Including a business succession plan in your South Carolina will is one of the ways you can handle business succession. The business succession plan includes business buy and sell out agreements, business purchase agreements or passing on your property to your beneficiaries. You can leave out instructions on how you would like the business interests and assets to be handled. 

How to Handle Out-of-State Property in a South Carolina Will

You may handle out-of-state property in a South Carolina will by including it in your South Carolina will. A will in South Carolina shall be valid in the other state where the property is located. Once you include the property in the will, you can choose an executor in charge of initiating the probate process in the state where the property is located. 

What is the difference between Holographic Wills and Statutory Wills in South Carolina?

South Carolina does not have a statutory will. Residents can customize their wills to their needs or hire an attorney to write the will on their behalf. A holographic will is a handwritten will written in the testator’s handwriting and signed by the testator. It does not have to be witnessed by two independent witnesses. South Carolina does not allow a holographic will unless validated out-of-state.