A last will and testament is a document that is useful for everyone. A will forms allow you to secure your belongings and make plans for the unforeseeable future. Instead of entrusting the state with property distribution rights, the South Carolina last will and testament guarantees that all of your belongings will go to whomever you wish them to. This legal document is easy to fill out but creates a lifetime of inner peace, knowing that you have taken care of and secured everything.
A last will is unlike a living will, which gives detailed instructions and elects someone if you are unable to make decisions for yourself. The last will stands up in court and cannot be revoked unless the original creator takes the proper steps.
Download your fillable South Carolina Last Will and Testament Form in PDF format:
– Adobe PDF
Is The Last Will Required in South Carolina?
South Carolina has nothing written in the books when it comes to creating a will. It is not obligatory or necessary unless you see fit. However, filling out and creating a last will is recommended because you take away a lot of stress from those around you. When you create and fill out the last will, you’re taking the pressure off of your family’s shoulders and securing everything for when the time comes. That includes your chosen arrangements and all of your belongings that you have collected throughout your life.
Even when you fill out the last will, someone will have to get things going and begin probate in court. The person to take care of it all is known as the executor and should be someone you know and trust. They will file all of the paperwork and make sure that things go as planned. Keep in mind that you should select an executor and an alternate, choosing someone who will be able to step into their place if they cannot fulfill your request. They will have to get all of the paperwork filed and get things going no more than 30 days after your death.
Dying Without A Will: What Happens?
It is common to die without a will. Many people shy away from death, not wanting to think about or have a conversation with their family. If someone dies without a will, everything goes over to the state, where they will start distribution. Before anything happens, the state must process everything, checking out the number of debts that one has. All that is left over is what gets passed to other family members, starting with the spouse and children if applicable.
If there is no surviving spouse or separation occurred at some point, the state will turn to other relatives and decide distributions based on kin’s closeness. Instead of allowing your belongings to fall into the state’s hands, it is best to delegate the way you want and avoid any tensions between family members and friends.
Distributions of Property: Things to Consider
The distribution of both financial and physical property that you have accumulated throughout your life is at your discretion when composing the last will. You can choose your beneficiaries—those who will take over your estate upon your death. Once you choose them, you can decide what they get; however, you should keep a few essential things in mind. All property can be distributed except:
- The assets that have joint ownership between the deceased and another individual
- Any property tied with insurance policies
- Anything that was elected for sharing with a spouse
- Any kind of property in the joint ownership between the deceased and their children
Creating The Last Will in South Carolina
Taking all things into consideration, all you need when you’re ready to fill out a South Carolina last will and testament are:
- To be of legal age (over the age of 18)
- To be in a state of mind with the capacity to make decisions for yourself
- A will that is handwritten by you
- A signature done in the presence of 2 witnesses
- A list of beneficiaries and the property you wish to distribute
Can You Change a Will?
One scary thought is filling out a binding document without the ability to change it. When we are young, we don’t think too much about the future and what can happen. But if you fill out a will and something changes in your life, you can change this document to suit any changes. All you have to do is create another will or collaborate with your family attorney to add an amendment.
Create a Will Today
Creating a last will and testament is an easy process that comes with a whole lot of benefits. If you’re ready to fill one out, you can get an easily customizable template that includes all your needs on our website. It is downloadable, or you can fill it out right on the website by following an easy step-by-step guide and constructor. Remember, you will have to write a few things yourself, ensuring that all details are indicated correctly.
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