Why a lost will is worse than a lost roof
If an original will cannot be found after death, South Carolina presumes the person destroyed it on purpose. A copy can sometimes be admitted, but only after a court proceeding with evidence that the will was not revoked—expensive, slow, and easy for an unhappy relative to contest. A storm-soaked filing cabinet in a flooded garage produces exactly that situation.
The four documents
- The original will (and trust). Keep it in a sealed, waterproof pouch with the go-bag, or leave the original with your attorney and keep a copy at home with a note saying where the original is. Our office holds originals for clients who ask.
- Powers of attorney. If you are evacuated and a spouse or parent is hospitalized somewhere else, the health care power of attorney is what lets you speak for them by phone. Keep signed copies in the bag and photos on your phone.
- Insurance policies and a home inventory. Not estate documents, but the same pouch: policy numbers, agent contacts, and a phone video walking through every room. Claims move faster with proof.
- Deeds, titles and account list. A one-page list of accounts, policies and where the deeds are recorded. If the worst happens during a storm, this is what your personal representative will need first.
Where to get the official information
Evacuation zones and orders come from the South Carolina Emergency Management Division and Dorchester County Emergency Management; the local outlets—Live 5 News, ABC News 4 and WCBD News 2—carry the county announcements and the traffic reversals on I-26. Bookmark them now, before the cone appears.
A note for families with older parents
Evacuations are when families discover that nobody has authority to move a parent, talk to the facility, or pay the bill from the hotel in Columbia. If your parent does not have a durable power of attorney and a health care power of attorney, and still has the capacity to sign them, do it before the season peaks. If they no longer can, read our page on guardianship and conservatorship.
Frost first: the week after a storm, contractors and “document services” go door to door. A deed transfer signed under stress is the kind of thing we spend the next year undoing. Call before you sign.
Written by Tara L. Frost, Attorney at Law · former Dorchester County Magistrate and Associate Probate Judge. Reviewed by Jack C. Frost.
Questions people ask
Can a copy of a will be probated in South Carolina?
Sometimes, through a formal proceeding with evidence that the original was not revoked. It is far easier to keep the original safe—or leave it with your attorney.
Should I keep my will in a bank safe-deposit box?
It is safe from water, but the box may be sealed at death until the personal representative is appointed—and the appointment needs the will. If you use a box, make sure a co-owner can open it.
Sources and further reading
Related pages
Last will and testament
Who inherits, who is in charge, and who raises the kids—decided by you, not the statute.
Learn morePowers of attorney
Financial and medical decision-makers, named by you and ready before a crisis.
Learn moreThe probate process
Every step from delivering the will to closing the estate, with the deadlines that matter.
Learn more