South Carolina Last Will and Testament

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South Carolina Last Will and Testament

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Last updated May 9th, 2026

A South Carolina last will and testament is an estate planning tool outlining instructions for distributing an individual’s property after death. The document specifies beneficiaries, names an executor who will handle the management and distribution of their property, and any other instructions related to their estate.

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A South Carolina last will and testament is an estate planning tool outlining instructions for distributing an individual’s property after death. The document specifies beneficiaries, names an executor who will handle the management and distribution of their property, and any other instructions related to their estate.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator and two witnesses.[2]
  • How to Revoke – Physically destroying the will or executing a new one.[3]

Probate in South Carolina

Application for Probate of Will

The applicant must file the will, death certificate, and Application for Informal Probate of Will (Form 300ES) with the probate court to obtain Fiduciary Letters (Form 140PC) (designating them as personal representative).[4] They must send devisees an Information to Heirs and Devisees (Form 305ES), publish Notice to Creditors (Form 370ES), and file Inventory and Appraisement LF (Form 350ES LF) or Inventory and Appraisement SF (Form 350ES SF).[5]

After settling estate debts and distributing assets, the personal representative must file[6]:

Copies of the Proposal, Accounting, Application, and Notice of Right to Demand Hearing (Form 416ES) must be sent to interested parties and a Receipt and Release with Waiver (Form 403ES) to each beneficiary for signing.[7] The personal representative must file each Receipt and a Proof of Delivery and obtain a Certificate of Discharge (Form 142PC).[8]

Small Estates

For smaller estates valued at $45,000 or less, an Affidavit for Collection of Personal Property (Form 420ES) may be filed without full probate administration.[9]

Sources

  1. § 62-2-501
  2. § 62-2-502
  3. § 62-2-506(a)
  4. §§ 62-3-301(a),62-2-901(a), 62-3-307(a), 62-3-601
  5. §§ 62-3-705, 62-3-704(a) & (b)
  6. §§ 62-3-704(c) & (d), 62-3-1001, 62-3-907
  7. § 62-3-1001(a)(4)
  8. § 62-3-1001(c)
  9. §§ 62-3-1201(a)(1), 62-3-1203(a)