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South Carolina Will

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Codicil to Last Will and Testament

TO

LAST WILL AND TESTAMENT OF

I, , of County, South Carolina, declare this as a Codicil to my Will dated . This Codicil amends or supplements my Will only as provided herein. Except as amended or supplemented, my Will shall remain in full force and effect.

[All Articles are examples only. Only type changes to be made to will or additions thereto]

ARTICLE I.

I devise and bequeath to my .

ARTICLE II.

I revoke the prior devise and bequest of to , my .

ARTICLE III

I have another child named, , and amend Article to add said child as an additional beneficiary of the trust specified therein.

ARTICLE V.

I amend my will to appoint , or if the appointee fails to qualify or cease to act, I appoint , as Trustee of the Trust provisions of this Will to serve in said capacity with all the powers during the administration of the Trust as are granted to Trustees under the laws of the State of South Carolina including the power to sell any of the real or personal property of the Trust for cash or on credit or to mortgage it or to lease it, all to be exercised without Court order.

ARTICLE VI.

In the event that my , , dies without having made just provision for the care and custody of our minor children, I appoint , as Guardian(s) of said minor children.

Page One Signed by Maker/Testator:

ARTICLE VII.

I amend my will to appoint , as executor/executrix/personal representative of my Will, or if the appointee fails to qualify or ceases to act, I appoint both to serve without bond, inventory, appraisal or accounting to any Court and to have all the powers during the administration of my estate as are granted to Trustees under the laws of the State of South Carolina or any other law including the power to sell any of my real or personal property at public auction or private sale, for cash or on credit, or to mortgage it or to lease it, all to be exercised without Court order.

I, , having signed this Codicil in the presence of and who attested it at my request on this the day of , 20 .

TESTATOR/TESTATRIX

DATE

The above and foregoing Codicil of was declared and attested by in our presence to be Codicil and was signed by the said in our presence and at request and in the presence of and in the presence of each other, we, the undersigned, witnessed and attested the due execution of the Codicil of on this the day of , 20 , and Further, that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence and that we, as witnesses, are not interested or an heir of the estate of .

___________________________________

WITNESS

ADDRESS:

___________________________________

WITNESS

ADDRESS:

South Carolina Self Proving Affidavit

I, , the testator, sign my name to this instrument this day of , 20 , and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older (or if under the age of eighteen, am married or emancipated as decreed by a family court), of sound mind, and under no constraint or undue influence.

Testator/Testatrix

Typed Name

We, and , the witnesses, sign our names to this instrument, and at least one of us, being first duly sworn, does hereby declare, generally and to the undersigned authority, that the testator signs and executes this instrument as his last will and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen years of age or older (or if under the age of eighteen, was married or emancipated as decreed by a family court), of sound mind, and under no constraint or undue influence.

________________________

Witness

________________________

Witness

The foregoing instrument was acknowledged before me this the day of , 20 by , and , and was sworn to and subscribed before me on said date by said Testator/Testatrix and both witnesses.

________________________

NOTARY PUBLIC

Print Name:

My Commission Expires:

Serial Number, if any:

Enter text✕

What a South Carolina Will Covers

A South Carolina Will is a legally binding testamentary document that specifies how a person's assets, real property, bank accounts, and personal property are to be distributed on death. It names an executor to administer the estate, can appoint guardians for minor children, and may revoke prior wills. Wills must meet state execution rules to be admitted to probate, and many jurisdictions treat electronic-only execution differently; consult 15 U.S.C. §7001 (ESIGN Act) and South Carolina probate statutes for state-specific formalities.

Why a Clear Will Matters in South Carolina

A properly executed South Carolina Will reduces ambiguity about property distribution, names who will administer the estate, and provides for guardianship of minor children, helping to streamline probate and reduce family disputes.

Why a Clear Will Matters in South Carolina

Who Typically Prepares or Signs This Will

People creating or reviewing a South Carolina Will include individuals with estate assets, family members, and legal or financial advisors.

  • Testators with property, investments, or minor children requiring named guardianship.
  • Adult children, executors, or beneficiaries verifying distribution clauses and identification.
  • Estate attorneys and financial planners preparing probate-ready documents for clients.

Choosing the right combination of witnesses, notarization, and clear beneficiary designations minimizes probate delays and disputes in South Carolina.

Step-by-Step: Completing a South Carolina Will

Step-by-step guide to completing a South Carolina Will accurately and in proper legal order for probate.

  • 01
    Gather Information: Collect full legal names, assets, debts, and beneficiary details.
  • 02
    Draft Terms: Describe specific bequests, residuary clauses, and guardian provisions.
  • 03
    Sign with Witnesses: Sign before two witnesses; consider a self-proving affidavit.
  • 04
    Store Safely: Keep original will secure; provide copies to executor and attorney.

Required Information and Key Fields

Testator Name: Full legal name as on ID.
Date of Birth: Enter as MM/DD/YYYY for records.
Residence: Full street address, city, state, ZIP.
Executor Appointment: Executor name, phone, email, address.
Beneficiaries: Beneficiary names, relationships, and shares.
Guardians: Guardian names and alternate guardians.

Penalties and Risks of an Incorrect Will

Invalid Will: May result in intestacy.
Probate Delay: Longer court process and costs.
Contested Estate: Increased litigation and fees.
Creditor Claims: Assets subject to creditor claims.
Tax Implications: Estate taxes may apply.
Wrong Beneficiary: Property may pass incorrectly.

Common Mistakes When Preparing a South Carolina Will

  • Using vague beneficiary descriptions that create ambiguity and court disputes; specify full legal names, exact percentages or dollar amounts to avoid partial intestacy or reallocation conflicts.
  • Failing to update the will after marriage, divorce, the birth of children, or relocation, which can render provisions outdated and produce unintended probate outcomes.
  • Not following execution formalities: signing without the required witnesses or failing to sign in their presence can render the will invalid under state probate statutes.
  • Relying on only scanned or digital copies without a secure original; courts may require the original signed instrument for probate, especially if authenticity is questioned.

Where the Original Will Goes and How It’s Submitted

Overview of what happens to a South Carolina Will after signing and where the original is typically submitted at death.

  • Preserve Original: Store original in safe place or with attorney.
  • Notify Executor: Provide copy and contact details to named executor.
  • Locate Probate Court: File original in county probate court at death.
  • Submit at Probate: Executor presents will to court with death certificate.

Configure an Online Will Workflow

Set up an online workflow to collect signatures, witness details, and preserve a court-ready original where permitted.

Field Configuration
Identity Verification Email link; optional ID check or SMS code
Witness Capture Collect two witness names and signatures
Notarization In-person or remote notarization where allowed
Document Storage Secure original custody with executor or attorney

Technical Requirements for Electronic Completion

Technical and platform considerations for completing a South Carolina Will electronically, including witness capture and secure storage, are outlined below.

  • File Formats: PDF or Word DOCX supported.
  • Integrations: Connects with Google Workspace and NetSuite.
  • Authentication: Email, SMS code, or identity proofing.

Timing and Processing Expectations

Key timing expectations for a South Carolina Will include routine updates after major life changes and the point of probate filing after death.

Update After Events:

Review will after marriage, divorce, birth, relocation.

No Pre-Filing:

Wills are not filed while testator alive.

Probate Filing:

Executor files original with county probate court after death.

Self-Proving Affidavit:

Reduces need for witness testimony at probate.

Record Retention:

Keep original indefinitely; retain copies with attorney.

Key Milestones from Draft to Probate

Sequential milestones from drafting to probate for a South Carolina Will guide the testator and executor through essential legal stages.

01

Draft Completion

Finalize language, bequests, and guardian nominations.

02

Execution

Testator signs in presence of two credible witnesses.

03

Self-Proving Notarization

Have notary and witnesses complete affidavit to simplify probate.

04

Probate Submission

Executor submits original will and death certificate to court.

Representative Use Cases

Two concise examples show common probate-ready will scenarios and how clarity in drafting reduced court work and family disputes.

Complex Estate Allocation

An estate owner with multiple properties and retirement accounts needed a clear will to streamline probate and minimize family disputes after passing.

  • Named executor and detailed property allocations.
  • By specifying real property recipients, percentage shares, and alternate beneficiaries, the will reduced ambiguity at probate; including a self-proving affidavit allowed the court to accept the document without live witness testimony, expediting administration and reducing legal costs.

Young Parents' Guardianship

Parents with young children wanted to ensure guardianship decisions were enforceable and clear in probate.

  • Appointed primary and alternate guardians.
  • Including specific guardianship language, successor guardians, and explicit custodial instructions reduced disagreement risk among relatives and gave the court unambiguous direction during the guardianship decision process.

Core Elements of a Professional South Carolina Will

A professional Will contains specific provisions that clarify intent, simplify probate, and reduce post‑death disputes; the items below describe those structural elements.

Intro Clause

An opening testamentary declaration identifies the testator, states mental capacity, and expressly revokes prior wills; clear identification reduces contest grounds and establishes the document's purpose.

Executor Appointment

Name a primary executor and alternates, include contact details, and specify executor powers such as payment of debts, sale of property, and tax handling for efficient estate administration.

Specific Bequests

List particular gifts of items or sums to named beneficiaries with precise descriptions and, where relevant, contingencies if a beneficiary predeceases the testator.

Residuary Clause

A residuary clause disposes of remaining estate assets after specific bequests and debts; use percentages or fractional shares to avoid rounding errors or partial intestacy.

Guardianship Provision

For minor children, name guardians and alternates, and state any custodial preferences; clear guardianship directions aid courts and reduce contested proceedings.

Self-Proving Affidavit

A notarized self-proving affidavit signed with witnesses provides contemporaneous proof of execution and typically eliminates the need for witness testimony at probate, expediting estate administration.

Comparing eSignature Pricing and Features for Will Workflows

Common eSignature plan features and pricing affect how you collect witnesses, notarizations, and preserve audit trails when preparing a South Carolina Will.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About South Carolina Wills

Answers to frequent questions about creating, signing, and using a South Carolina Will, including witness and electronic signature considerations.


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