For your convenience, the complete English version of this form is attached below the Spanish version. This form is a last will and testament, adaptable to most situations. It is used to designate how your property will be distributed among your heirs. Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
South Carolina Ultima Voluntad y Testamento - Last Will and Testament - Ultima Voluntad y Testamento - Last Will and Testament
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Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. Se trata de un testamento y última voluntad, adaptable a la mayoría de las situaciones. Se usa para designar de qué manera se distribuirán sus bienes entre sus herederos.
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FAQ
Do I Need to Have My Will Notarized? 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.
What this means in a nutshell is that South Carolina does not allow a holographic will, which is when a testator handwrites and then signs his or her own will. There must be witnesses, and those witnesses must not be anyone who would benefit from the will. Otherwise, they could be stripped of their beneficiary status.
A South Carolina will must be filed with the Probate Court within thirty days of the decedent's death. Once the will is proven, the executor (person who oversees the deceased's estate) can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.
Do I Need to Have My Will Notarized? 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.
A will and your assets are public information once filed in the South Carolina probate court. A trust is private and prevents your assets from being tied up in the probate process.
All wills must be property signed and witnessed to be effective. For example, South Carolina requires two witnesses for a will to be valid. A notary is not sufficient, or even required. Also it is important to have impartial persons as witnesses.
For a will to be valid: it must be in writing, signed by you, and witnessed by two people. you must have the mental capacity to make the will and understand the effect it will have. you must have made the will voluntarily and without pressure from anyone else.
Under South Carolina law, a will must be filed with the court within 30 days after the death of the testator. SC Code of Law § 62-2-901. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an executor or administrator).
All wills must be property signed and witnessed to be effective. For example, South Carolina requires two witnesses for a will to be valid. A notary is not sufficient, or even required. Also it is important to have impartial persons as witnesses.