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South Carolina Last Will and Testament Template

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The South Carolina last will and testament is document that is put into place by a testator to ensure that an appropriate process is exercised to continue to protect their families and assets upon their death. With this document a testator would be able to assign an executor to properly distribute their personal and real property, fiduciary assets among others to be certain that all assets would continue to benefit those beneficiaries they name, as they always have. The testator would not only be able to distribute continued protection to their families but also would be able to offer final donations to various educational, charitable and/or research organizations. Upon completion, the document must be signed by two witnesses and again witnessed by a notary public.

Definition – Section 62-1-201(52)

LawsTitle 62 (South Carolina Probate Code)

How to Write

Step 1 – A testator may be established by placing their full name in the top line of the document. This would be followed by:

  • Entering the testator’s name
  • City and County
  • Their review of the remaining portion of the paragraph
  • A review of  “Expenses and Taxes”

Step 2 – Appoint the Executor by entering:

  • The name of the testator’s selected executor
  • Their City
  • Their County
  • State of residence

Choosing an alternate executor will ensure that there will be a trusted executor to execute the testator’s estate in the manor in which they have set fourth. This would be a necessity in the event that the initially selected executor is, for any reason found to be unable to perform the estate’s distribution- Testator must enter the following information:

  • Name of the second selected executor
  • Their City of residence
  • Their County of residence
  • Alternate Executor’s State of residence

Step 3 – Disposition of Property to Beneficiaries:

Beneficiaries – Enter the following required information:

  • The name of the respective beneficiary
  • An address for each beneficiary
  • State the relationship to the testator
  • The last four digits of the SSN for named beneficiaries
  • All description(s) for any list of property that the testator chooses provide to their beneficiaries

Step 4 – Review all of the titled sections:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Witnesses – Any person  who shall serve as a signatory must be collectively present to sign the document. Provide the following:

  • Name of the testator
  • A date must be entered for the testator’s signature – dd/mm/yyyy
  • Testator’s signature
  • Printed name of testator

Witnesses – Witnesses must review the brief statement – enter:

  • Date of the signatures – dd/mm/yyyy
  • Name the testator

Witness 1 – 

  • Signature
  • Address

Witness 2 –

  • Signature
  • Address

Step 6 – Affidavit of Testament – All parties must review, then enter:

  •  State
  •  County
  • Testator’s name
  • Name the 1st witness
  • Name the 2nd witness
  • AND
  • Signature of testator
  • Signature – 1st Witness
  • Signature – 2nd Witness

Step 7 – Notarization – Once the testator has completed the document, all signatures shall be witnessed and acknowledge of a state notary public

 

 


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