What a last will and testament does
A will is the document the probate court uses to carry out your wishes after death. It names beneficiaries for property that passes through probate, appoints a personal representative (South Carolina's term for executor) to settle the estate, and—for parents of minor children—nominates a guardian. It can also create trusts for young or vulnerable beneficiaries, forgive debts, and direct how taxes and expenses are paid.
What your will can cover
- Who receives your home, accounts, vehicles and personal property, and in what shares
- Specific gifts—a ring to a granddaughter, a truck to a son, a sum to your church
- A guardian and an alternate for minor children
- A personal representative and an alternate, and whether they must post a bond
- A trust for a child's inheritance until an age you choose
- What happens if a beneficiary dies before you
What South Carolina requires for a valid will
Under S.C. Code § 62-2-502, a will must be in writing, signed by you, and signed by two witnesses who saw you sign or acknowledge it. South Carolina does not accept an unwitnessed handwritten will. Adding a self-proving affidavit before a notary (§ 62-2-503) lets the court admit the will without tracking down witnesses years later—we do this at every signing.
What happens without a will in South Carolina
Your estate passes by the intestacy statute: a surviving spouse takes everything if you have no children, or half if you do, with the children sharing the rest. Step-children and unmarried partners receive nothing. A judge chooses the guardian for your children. Details are on our page on dying without a will.
Is your will up to date?
A will written before a marriage, divorce, birth, death, or move to South Carolina should be reviewed. A will from another state is usually valid here, but the powers of attorney and health care documents that came with it often are not.
Frost first: if a relative hands you a printed form will to sign, or a website offers a $49 will, let us read it before you rely on it. The most expensive wills we see are the ones that were free.
Ready to protect your family?
Call for a flat-fee quote on a will-based plan.
Questions people ask
Does a will avoid probate?
No. A will directs probate; it does not avoid it. Assets with beneficiary designations, joint ownership and funded trusts pass outside probate.
Can I write my own will in South Carolina?
You can, if it is signed by you and two witnesses. Most problems we see come from unclear wording, missing alternates and unsigned pages rather than the form itself.
Where should I keep my will?
Somewhere your personal representative can find it—our office keeps a signed original for clients who ask. Whoever holds the original must deliver it to the probate court after your death.
Related pages
Revocable living trust
Avoid probate, plan for incapacity, keep it private. When a trust is worth it.
Learn morePowers of attorney
Financial and medical decision-makers, named by you and ready before a crisis.
Learn moreDying without a will
Who inherits under SC intestacy law, who is left out, and what to do next.
Learn more