South Carolina Last Will and Testament Template

Create a high quality document online now!

A South Carolina Last Will and Testament is a legal estate-planning document, created by a testator (individual to whom the will belongs), that states detailed instructions on how the distribution of all financial accounts, real and personal property, as well as any other assets of the estate shall be distributed among designated beneficiaries who are named in the will after the testator’s death. The testator’s estate can be transferred upon their death to relatives, friends, charitable organizations, or whomever the testator determines should inherit certain property or assets. It is required under South Carolina law for the document to be signed by the testator in the presence of two (2) or more competent witnesses. And though optional, a testator can have the will acknowledged by a state-authorized notary public to further verify its legality. This document may be amended or revoked at the testator’s discretion.

Table of Contents

Laws

Definition – (Section 62-1-201(52)) – “Will” includes codicil and any testamentary instrument that merely appoints an executor or revokes or revises another will.

Signing Requirements (Section 62-2-502) – Must be signed by the Testator and by Two (2) or more individual Witnesses.

Statutes – Title 62 (South Carolina Probate Code)

(Video) How to Make a Will in South Carolina

How to Write

Step 1 – A testator may be established by placing their full name in the top line of the document. This would be followed by:

  • Entering the testator’s name
  • City and County
  • Their review of the remaining portion of the paragraph
  • A review of  “Expenses and Taxes”

Step 2 – Appoint the Executor by entering:

  • The name of the testator’s selected executor
  • Their City
  • Their County
  • State of residence

Choosing an alternate executor will ensure that there will be a trusted executor to execute the testator’s estate in the manner in which they have set forth. This would be a necessity in the event that the initially selected executor is, for any reason found to be unable to perform the estate’s distribution- Testator must enter the following information:

  • Name of the second selected executor
  • Their City of residence
  • Their County of residence
  • Alternate Executor’s State of residence

Step 3 – Disposition of Property to Beneficiaries:

Beneficiaries – Enter the following required information:

  • The name of the respective beneficiary
  • An address for each beneficiary
  • State the relationship to the testator
  • The last four digits of the SSN for named beneficiaries
  • All description(s) for any list of property that the testator chooses to provide to their beneficiaries

Step 4 – Review all of the titled sections:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Witnesses – Any person who shall serve as a signatory must be collectively present to sign the document. Provide the following:

  • Name of the testator
  • A date must be entered for the testator’s signature – dd/mm/yyyy
  • Testator’s signature
  • Printed name of testator

Witnesses – Witnesses must review the brief statement – enter:

  • Date of the signatures – dd/mm/yyyy
  • Name the testator

Witness 1 – 

  • Signature
  • Address

Witness 2 –

  • Signature
  • Address

Step 6 – Affidavit of Testament – All parties must review, then enter:

  •  State
  •  County
  • Testator’s name
  • Name the 1st witness
  • Name the 2nd witness
  • AND
  • Signature of testator
  • Signature – 1st Witness
  • Signature – 2nd Witness

Step 7 (Optional) – Notarization – Once the testator has completed the document, all signatures shall be witnessed and acknowledge of a state notary public.

Related Forms

 

Advance Directive

Download: Adobe PDF

 

 

 

 


Durable (Financial) Power of Attorney

Download: Adobe PDF