Make a South Carolina Last Will and Testament

South Carolina State Last Will and Testament Laws

Definition of Will - Section 62-1-201(52)

Laws - Title 62 (South Carolina Probate Code)

Witnesses - According to §62-2-502, the Will must be signed by two (2) or more individual witnesses.

A Sample South Carolina Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, provide your full legal name and your gender.

Step 2 - Enter your city and county of residence.

Step 3 - Select your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you aren’t single, enter the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - Enter the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Next, enter the names of pets. Finally, provide information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Enter the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter the age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If you don’t name one, the probate court will appoint one. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, you should consider appointing a guardian and an alternate guardian. Provide the following information for each:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

Your two chosen witnesses must sign the Will directly after you sign. Remember to store your Will in a location that is both safe and easily accessible.

Why do you need a South Carolina last will and testament form?

In the State of South Carolina, having a legal will in place is an important step in the estate planning process. Creating a will allows for you to outline your wishes for your assets and how they will be distributed when you die. You can also appoint a guardian for minor children,, make charitable donations, and include pet trusts in your will. Most importantly, however, having a will allows you to designate an executor who will be responsible for carrying out these wishes.

The benefits of having a will

A last will and testament is not legally required in the State of South Carolina. However, there are many benefits to having one.

• Your will is used to appoint an executor who will be legally responsible for carrying out anything you have outlined.
• You should also include details about all of your assets, including bank accounts, real estate, vehicles, jewelry, and any other personal effects should be distributed.
• You can also include any guardianship wishes for your children.
• You can make charitable donations.
• You can create a pet trust.
• A simplified probate process is available for estates totalling less than $10,000.

The costs of not having a will

Without a South Carolina will in place, laws of intestacy will be enacted. This means that the South Carolina probate courts will determine what happens to your assets and will also appoint a guardian for any minor children. In South Carolina, a surviving spouse will inherit the entire estate. If there are children from a different relationship than a relationship with the surviving spouse, the surviving spouse and children would split the estate. Surviving parents can also claim a share of the estate. Without a spouse, children, or parents, the courts will find the next closest relative to inherit the estate. If there are no relatives, the State of South Carolina becomes the beneficiary and absorbs the assets.