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In most cases, probate is a legal responsibility in South Carolina. However, probate can be avoided if the decedent's assets were placed in a living trust before they died with beneficiaries designated to inherit the estate.
No, in South Carolina, you do not need to notarize your will to make it legal. However, South Carolina allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that.
There are three requirements for a valid will in South Carolina: It is signed by the will-maker. It must have two witness signatures. It must be notarized by a notary public.
Because of these requirements, South Carolina essentially does not allow a Holographic Will. This is a Will that is handwritten and signed by the Testator, without any witnesses. While this type of Will may be valid in other states, in South Carolina a handwritten Will must be signed before witnesses.
There are several legal requirements when you make a will in South Carolina ? notarization isn't one of them. ?For a will to be legally binding in South Carolina, it needs to be: In writing. Created by a testator (the person making the will) who is of sound mind and at least 18 years old.
