Free South Carolina Last Will and Testament

What is a Last Will and Testament?

A South Carolina Last Will and Testament is an essential instrument that establishes how your belongings will be dealt with once you die. Once the testator (person who created the last will) passes away, they're referred to as the decedent. In case the decedent has minor children, the Last Will may also be used to delegate a person they want to care for their kids and who they wish to manage their children’s inheritance and finances right until each child comes of age (typically 18, but you can designate a specific age) to handle their finances by themselves.

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In a South Carolina Last Will, the testator typically also establishes a personal representative-or co-personal representatives (several persons acting jointly in this capacity) to handle the estate. A personal agent is an individual who collects all of the information about the decedent’s financial debt and possessions, pays off any remaining debts using the assets on behalf of the estate, and makes certain that the decedent’s property is distributed as described in the Will, so this is a duty with quite a bit of responsibility. The personal agent selected is generally a person the testator really counts on to conclude their last wishes.

In case someone dies without a valid South Carolina Will (which for most states implies it must be correctly witnessed, not only signed), somebody will usually be assigned by the court to be the personal agent and pay out the decedent’s financial debt, utilizing assets as required to do so. Consequently, the residual assets will be spread amongst the decedent’s beneficiaries in line with the laws of the state the decedent lived in.

In a few states, any time one spouse passes away leaving behind their significant other, that surviving spouse will end up with most of the decedent’s assets without a Will document declaring the contrary. Additionally, the decedent might have determined a certain individual to acquire a life insurance policy, retirement account, or some other asset, and that inheritor designation will ascertain who gets those assets without a Last Will and Testament.

The crucial thing to know is that any person who wants to specify the way in which their possessions will be used after their death should certainly complete and properly sign a Will to ensure their wishes are known and honored. Without getting a will, you could be leaving it up to chance, the laws of the state, or a court of law regarding how your final matters will be settled.

Last Will Papers in South Carolina

If you are willing to know more about the last will form and how to complete it in South Carolina, this article will be extremely helpful for you. We will also provide you with information on some particular local laws that regulate the last will papers. You will know when this document is needed, how to change and revoke it.

The last will is an official document that is used when a person wants to distribute their property after death. They can write down to whom they are giving a particular sum or property for their loved ones to inherit those later. A testator (a person who writes down their wishes in advance) can bequeath their capital to relatives, other loved ones, even pets. As well as in the majority of states, there are no restrictions on whom to give your property.

Remember that in South Carolina, there is also a living will. It is a completely different form since a testator writes their wills down to be executed in case they become incapable of making further decisions, not in case of death.

When Do You Need the Last Will?

It should be mentioned that the last will is not an obligatory document. The government of South Carolina does not require it. However, it is a very useful form that the majority of people might want to use. A person will be sure that all their property will be distributed between their loved ones and relatives according to their wishes. If there is no last, will the government decide how to distribute the capital of a person depending on the laws of intestacy. Most people might not like such circumstances and the results of distribution. So it is highly recommended to write down all your wishes in an official document.

Is it Possible to Change the Last Will in South Carolina?

Luckily, it is possible to change the will in case something changed in your life and made you cancel your previous decision. The procedure will not be easier than completing the last will for the first time. All changes must be done by codicil or amendment and be included in an official document, too.

How to Revoke the Last Will in South Carolina?

Revoking the last will means destroying it or simply making a new one. In this case, only the second one will be valid.

Essential Requirements for a Testator in South Carolina

Keep in mind that even basic requirements for a testator might vary from one state to another. We have collected all essential requirements that are applicable for South Carolina in the following list:

A testator should not be a minor;

A testator should be capable of making a decision themselves;

A testator must put their signature on the last will;

At least two other persons sign the document and are witnesses of a testator signing it;

A testator should complete their last will in a written form;

A testator can bequeath their property to anyone they want.

Important South Carolina Exceptions

There are almost no restrictions concerning a person who inherits a property (it can even be a pet). However, there are some crucial restrictions of a property that is included in inheritance in South Carolina:

money that a testator gets on their retirement account and life insurance resources;

a spouse can be free from paying taxes on a property which value is less than 25,000 dollars;

property that a testator owns with right of survivorship;

the share that a surviving spouse and children own (if it is not included in the last will).