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Making a Last Will and Testament in South Carolina
A South Carolina Last Will and Testament (a "Will") is a legal document that outlines your wishes with regard to asset distribution after death, such as who will inherit your home, personal belongings, or money.
The individual making a Will is called the "testator," while the individual or organization appointed to manage the testator's estate after death is known as the "executor." Designed for South Carolina residents, this free Last Will and Testament can be used in Greenville County, Richland County, Charleston County, and in every other part of the state. Each South Carolina Will from Rocket Lawyer can be fully personalized for your unique circumstances. This official document will provide verification of your preferences.
It's simple and easy to document your preferences using a free South Carolina Last Will and Testament template from Rocket Lawyer:
This method is often going to be much less time-consuming than hiring and working with the average provider. If necessary, you can fill out a Last Will and Testament on behalf of a family member, and then have them sign it when ready. Keep in mind that for this document to be accepted as legally valid, the testator must be a mentally competent adult when they sign. If the testator is already unable to make their own decisions, a conservatorship might be required. In this scenario, it's important for you to talk to an attorney.
Every person over 18 should have a Last Will and Testament in place. Though it's tough to think about, your loved ones will want to know your wishes in relation to guardianship (if applicable), your assets, and your property when you pass away. Typical occasions in which it would be helpful to make or update your Will include:
Whether your South Carolina Last Will and Testament has been generated as part of a forward-looking plan or created as a result of a recent change in your life, witnesses and/or notarization can often help to protect your document if its authenticity is questioned by a third party.
Writing a Will is normally easy to do; however, you or your executor(s) may still have legal questions. Seeking out a lawyer to proofread your South Carolina Last Will and Testament can be relatively time-intensive. A more cost-effective option is through the On Call network. When you become a Premium member, you can have your document examined by an On Call attorney with relevant experience. As always, Rocket Lawyer will be by your side.
The cost of finding and hiring a traditional law firm to make a Last Will and Testament might add up to anywhere from two hundred to one thousand dollars, depending on where you are. Different from many other Last Will and Testament template websites that you may find, Rocket Lawyer gives Premium members up to 40% in savings when hiring a lawyer, so an attorney from our On Call network can review the situation and take action if you ever need help.
Upon completing a Last Will, you will have the ability to get to it on any device, anytime. You should feel free to engage with the document in any of the following ways: making edits, downloading it as a Word or PDF document, printing it out, and signing it. Attached to your South Carolina Will, there is a series of instructions on what is next with regard to finalizing your document. Be sure to keep your signed original in a safe location where it can't get wet or otherwise damaged. It is important that someone you trust knows where to find it after you have passed.
The specific requirements for Wills are different by state; however, in South Carolina, your document must be signed by two witnesses. As a basic standard, your witnesses will need to be mentally competent individuals who are of sound mind. If one of the two required witnesses is also designated as a beneficiary, then any inheritance/gift to that person is considered void. This issue can be resolved by having a third, disinterested witness sign the Will. Furthermore, it is strongly recommended that you have your Last Will and Testament signed by a notary public in order to emphasize the validity of the document.
See legal references for a Will in South Carolina: Title 62, Article 2
A Will doesn't have to be filed until the testator passes away. In the state of South Carolina, the executor must file the Will with the probate court within 30 days of the testator's death. Filing a Last Will (along with any specific forms requested by the county) initiates probate.