South Carolina Last Will and Testament

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In South Carolina, in the absence of a will, a surviving spouse inherits the entire estate unless the couple shares descendants, in which case the spouse and descendants each inherit half.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to the ability to distribute property

Not all property can be distributed according to a will. Some exceptions in South Carolina include the following:

• Property owned in joint tenancy with right of survivorship
• Life insurance policy and retirement account proceeds
• Elective share of surviving spouse
• The surviving spouse (or surviving children if no surviving spouse) is entitled to certain exempt personal property up to a value of $25,000
• Share to the surviving spouse if omitted from the will, with some exceptions
• Share with surviving children, with some exceptions

Form a last will in South Carolina

The basic requirements for a South Carolina last will and testament include the following:

• Age: The testator must be “not a minor” under South Carolina law.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his direction.
• Witnesses: A South Carolina will must be signed by at least two individuals, each of whom witnessed the signing of the will or the testator’s acknowledgment of the signature or of the will.
• Writing: A South Carolina will must be in writing.
• Beneficiaries: A testator can leave property to anyone.