Updated July 28, 2022

The South Carolina revocable living trust form is a legal document in which the Grantor plans out the distribution of their estate and places their assets into a trust. By creating a living trust, the Grantor enables the named Beneficiaries to avoid probate court proceedings and keeps the estate’s distribution private. The Grantor will continue to receive any income generated from their assets and can name themselves as Trustee in control of the trust during their lifetime. If the Grantor wishes to, they have the right to amend or revoke their living trust as they see fit. While it is not required to have a revocable living trust notarized, it is highly recommended to have a Notary Public witness the creation of a trust.

Definition – § 62-7-103(13)

Laws – § 62-7-602

How to Write

Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Text Document (.odt).

Step 2 – Start by supplying all of the Grantor’s name, the date, the Grantor’s address, the Trustee’s name, and the address where indicated on the first page of the document.

Step 3 – Enter the Trust’s name in Article 1 and indicate whether this is a new Living Trust or not.

Step 4 – Under Article 4, Section A, list any “Specific Distributions” of property that the Grantor wishes to make by entering the name of each piece of property and who it is bequeathed to.

Step 5 – For all general personal property, under Section B, indicate whether “The Beneficiaries” or a specific individual will be the recipient. If the second checkbox is selected, provide their personal information in the indicated fields.

Step 6 – If the Grantor has any pets, enter the names and address for a Pet Caretaker and an Alternate Pet Caretaker under Section C.

Step 7 – Indicate whether the Pet Caretaker shall receive funding, and if they are, how much funding will be provided and the minimum duration of time that care must be provided.

Step 8 – Next, enter the name and address of a person to be appointed as the monitor (3rd Party Enforcer) for the Pet Trust.

Step 9 – Beneath Section D, include up to four (4) Beneficiaries by providing their names, SSNs or TINs, and addresses.

Step 10 – Article 10 requires you to enter the number of months or years that must pass from the Living Trust’s creation before Beneficiaries may request an accounting of the Trust.

Step 11 – Enter the personal information of the Successor Trustee and 2nd Successor Trustee under Section A of Article 13.

Step 12 – Next, beneath Section I, select the appropriate checkbox to indicate whether or not the Trust shall be financially compensated by the Trust Estate.

Step 13 – Under Article 15, enter the number of days that the Grantor must be survived by in order for a Beneficiary to claim their portion of the Living Trust.

Step 14 – Beneath Article 17, select the appropriate checkbox to indicate the Grantor’s marriage status. If they are married, enter their spouse’s name in the indicated space.

Under the same option, you must also indicate whether the estate of the Grantor or that of their spouse will benefit from the other’s in the event that both die at the same time.

Step 15 – Next, enter any children that the Grantor has under Article 18.

Step 16 – If the Grantor wishes to specially exclude anyone from the Living Trust, list their names beneath Article 21.

Step 17 – Beneath Article 22, have the Grantor, the Trustee, and the Successor Trustee provide their signature, their printed name, and the date.

Step 18 – Next, complete the “Self-Proving Affidavit” by having all of the following provided:

• State
• County
• Grantor’s signature plus the date
• Trustee’s signature plus the date
• Successor Trustee’s signature plus the date
• 2nd Successor Trustee’s signature plus the date
• Witness signature plus the date
• 2nd Witness signature plus the date

Step 19 – Have a Notary Public provide the following credentials in order to notarize the Living Trust:

• Date of witness
• Name of Grantor
• Commission expiry date
• Notary’s signature
• Notary’s printed name

Step 20 – On the last page of the form, you must describe all of the assets and properties that are to be included and distributed in the Living Trust.