South Carolina Last Will and Testament

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South Carolina Last Will and Testament

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Last updated May 30th, 2026

A South Carolina last will and testament is an important estate planning tool used to give instructions for distributing an individual’s property after death. The document specifies beneficiaries, names an executor who will handle the management and distribution of estate assets, and relays all other wishes the testator would like carried out.

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A South Carolina last will and testament is an important estate planning tool used to give instructions for distributing an individual’s property after death. The document specifies beneficiaries, names an executor who will handle the management and distribution of estate assets, and relays all other wishes the testator would like carried out.

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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 with the probate court to obtain Fiduciary Letters (designating them as personal representative).[4] They must send devisees an Information to Heirs and Devisees, publish Notice to Creditors, and file an Inventory and Appraisement (Short Form).[5]

The personal representative can then settle estate debts, pay taxes, and distribute assets. The following must then be filed:[6]:

Copies of the Proposal, Accounting, Application, and Notice of Right to Demand Hearing must be sent to interested parties and a Receipt and Release with Waiver to each beneficiary for signing.[7] To close the estate, the personal representative must file each Receipt and a Proof of Delivery and obtain a Certificate of Discharge.[8]

Small Estates

For smaller estates valued at $45,000 or less, an Affidavit for Collection of Personal Property may be filed to avoid 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), 62-3-706
  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)