what to take to a lawyer to make your will in sc

Things to bring to an attorney for a will include: List of all your assets Information about bank accounts, insurance policies, investments, and retirement accounts

Full Answer

How do I make a will in South Carolina?

To make a will in South Carolina, you must be: of sound mind. S.C. Code Ann. § 62-2-501. You must make your will on hard copy. That is, it must be on actual paper. It cannot be on an audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.)

How do I Make my Will Self-proving in SC?

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will. S.C. Code Ann. § 62-2-503.

What are the laws regarding execution of a will in South Carolina?

In South Carolina, the laws regarding the valid execution and witnessing of a Will are set forth in the Code of Laws of South Carolina, Title 62 South Carolina Probate Code, Article 2 Intestate Succession and Wills, Part 5 Wills, Sections 62-2-501 through 62-2-504. In South Carolina, any person of sound mind and not a minor make a Will.

Can I sign and witness a will in South Carolina?

The exact procedure in South Carolina to sign and witness a will is strict and a failure to follow the rules exactly can result in it being found invalid by the SC probate court. Therefore, it is strongly suggested that you consult with an attorney.

What are the legal requirements for a will in South Carolina?

South Carolina law requires that a will is “signed by at least two individuals each of whom witnessed either the signing or the testator's acknowledge of the signature or of the will.” S.C. Code § 62-2-502.

How much does it cost to make a will in South Carolina?

It's very common for a lawyer to charge a flat fee to write a will and other basic estate planning documents. The low end for a simple lawyer-drafted will is around $300. A price of closer to $1,000 is more common, and it's not unusual to find a $1,200 price tag.

Do wills have to be filed with the court in South Carolina?

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”).

Is a handwritten will legal in South Carolina?

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.

How much does a lawyer charge for a will in SC?

The typical lawyer in South Carolina charges between $156 and $353 per hour....How much do lawyers charge in South Carolina?Practice TypeAverage Hourly RateWills & Estates$26218 more rows

Does a will have to be notarized in South Carolina?

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.

What makes a will invalid in South Carolina?

Lack of Testamentary Capacity In South Carolina, testamentary capacity demands that you know at a minimum two things: The nature and extent of your bounty (that is, what you own) The natural objects of your bounty (that is, your heirs and close relatives)

How do I execute a will in South Carolina?

The Probate Process in South Carolina 1. Deliver the will at death. Someone in possession of the deceased's will must deliver it within 30 days to the judge of the probate court, or to the personal representative named in the will, who will then deliver it to the judge.

Do you have to go through probate if you have a will in South Carolina?

Is Probate Required in South Carolina? In most cases, the answer is “yes.” Probate will be a necessary step in distributing he assets of the estate. The court monitors this process to ensure the decedent's wishes are followed as indicated in the will.

How do I file a will in South Carolina?

Steps to Create a Will in South CarolinaDecide what property to include in your will.Decide who will inherit your property.Choose an executor to handle your estate.Choose a guardian for your children.Choose someone to manage children's property.Make your will.Sign your will in front of witnesses.More items...

Do you need to register a will?

Is it necessary to register a will? No, it is not necessary to register a will. It is still legally valid after your death, provided the conditions for a legally valid will have been met.

Can I write my own will and will it be legal?

As long as it was properly signed and witnessed by two adult independent witnesses who are present at the time you sign your will, it should be legally binding.

What Can I Do With A South Carolina Will?

A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to: 1. leave your property...

What Happens If I Die With Out A Will?

In South Carolina, if you die without a will, your property will be distributed according to state "intestacy" laws. South Carolina's intestacy law...

Do I Need A Lawyer to Make A Will in South Carolina?

No. You can make your own will in South Carolina, using Nolo's do-it-yourself will software or online will programs. However, you may want to consu...

What Are The Requirements For Signing A Will in South Carolina?

To finalize your will in South Carolina: 1. you must sign your will in front of two witnesses, and 2. your witnesses must sign your will.

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" a...

Should I Use My Will to Name A Personal Representative?

Yes. In South Carolina, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out af...

What is a will and testament in South Carolina?

A Last Will and Testament is one of the most important legal documents a person can create during his or her lifetime. If a person dies without a Will they are said to have died “intestate” and state laws will determine how and to whom the person’s assets will be distributed.

How many witnesses are needed to sign a will?

A Will must be in writing, signed by the testator and by two witnesses. If the testator cannot physically sign his name he may direct another party to do so. Each witness must sign the Will in the testator’s presence. (See: Section 62-2-502)

Can a will be executed in another state?

Most states will also accept a Will that was executed in another state if the document is a valid Will under that state’s law. The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the “testator” or “testatrix”, ...

Can a will be probated if it is self proven?

If a Will’s authenticity is unchallenged it may be probated in a simplified procedure if it has been self-proven. Witnesses to a self-proven Will are not required to testify in court because the court automatically accepts a self-proven Will as authentic.

Who must sign a will?

The witnesses must sign the will or trust and they can also testify that you were of sound mind and memory and not under restraint. Another person may sign the estate plan for you if you specifically direct the person to do so, and the person signs in your and the witnesses ’ presence.

How to cancel a will?

The very best way to alter or cancel a will is by simply executing another one. You can use a codicil to make changes but this is not recommended. A “codicil” is an amendment or change that must be witnessed and executed just like the original. However, a codicil can be easily removed and destroyed by someone without your knowledge or permission. In this computer age it is just as easy to completely restate your will and destroy the old one.

How to take spousal share of estate?

To make a claim for elective share the surviving spouse must, during the surviving spouse’s lifetime, file a written petition for elective share with the Probate Court and the executor within eight months after the date of death or six months after the probate of the Last Will, whichever period last expires . A child, however, can be disinherited, but you should state this intention in your will.

What is a codicil in a will?

A “codicil” is an amendment or change that must be witnessed and executed just like the original. However, a codicil can be easily removed and destroyed by someone without your knowledge or permission. In this computer age it is just as easy to completely restate your will and destroy the old one.

How old do you have to be to sign a will?

The witnesses must be at least 18 years of age. The witnesses must sign the will or trust and they can also testify that you were of sound mind and memory ...

What is the personal representative of an estate?

The personal representative is protected by what is called the "business judgment rule". Five Reasons Why I Don't Have a Last Will and Testament.

How many witnesses do you need to make a will?

To make a valid last will and testament, you must be of “sound mind,” over age 18 and your testament must be in writing, signed by you and witnessed by two witnesses. The witnesses should be persons who will not receive property under the will. Otherwise, they may forfeit anything that is left to them from your estate. However, the will is still valid and the other provisions contained in it remain enforceable,

Who can help you with your will after you die?

If you want your property to go to specific people after you die, to name who will be responsible for making sure your wishes are carried out, or to avoid probate, a wills lawyer can help.

What is a detailed profile of a law firm?

Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire.

How to cancel a will in SC?

A good will usually contains a statement that it revokes (cancels) any prior wills. Second, a will can be cancelled simply by physically destroying it. SC Code of Law § 62-2-506.

What is a will in South Carolina?

South Carolina Last Will and Testament. A Last Will and Testament (also simply called a “will”) is a legal document. It states your wishes for your property and minor children (if any) for after you pass away. It’s also where you name a personal representative to be in charge of settling your affairs.

How many witnesses do you need to sign a durable power of attorney?

This durable power of attorney must be dated and must be acknowledged before a notary public or signed by two witnesses. If it is signed by two witnesses, they must witness either (1) the signing of the power of attorney or (2) the principal's signing or acknowledgment of his or her signature.

What is a durable power of attorney?

A durable power of attorney is an important legal document. By signing the durable power of attorney, you are authorizing another person to act for you, the principal. Before you sign this durable power of attorney, you should know these important facts:

How long does a durable power of attorney last?

The powers you give your agent will continue to exist for your entire lifetime, unless you state that the durable power of attorney will last for a shorter period of time or unless you otherwise terminate the durable power of attorney. The powers you give your agent in this durable power of attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property.

What happens when you make a will on willing?

When you make a will on Willing, you get a set of other key estate planning documents along with it. Our package has you covered.

How old do you have to be to be a guardian of a child?

If any child of mine is under 21 years of age, the guardian shall serve as custodian for his or her property under the Uniform Transfers to Minors Act until he or she reaches age 21.

Who is the executor of a will?

Name an Executor. The person who will handle your estate and the provisions in your will is called the executor. You designate this person in the will. You should make sure the executor will be up to the task of handling your estate and also that the person is open to accepting the responsibility.

Why do we need a last will and testament?

Having a last will and testament ensures your wishes will be followed and your loved ones are taken care of after your death.

When should you leave someone else in charge of property?

You can also consider how you want to provide for the care of your children; you may want to leave someone else in charge of property they will inherit until the children reach the age of majority.

Is it good to have an alternate executor?

Having an alternate executor in mind is a good idea in case your first choice can't serve.

Can you leave property in your will if you are married?

That is, if you are married and your spouse holds joint title on an asset, you cannot leave that property to someone else in your will.

Can you bequeathe property in a will?

Some assets cannot be bequeathed within a will (or may be better handled in other ways such as living trusts ), but at this point, you should get all the assets down on paper so you know what you're dealing with. When listing your assets, remember you can only distribute property you own solely.

Do you have to list beneficiaries in a will?

Listing your beneficiaries may seem unnecessary, but remember recent births, deaths, marriages, divorces, etc., may influence who you wish to include in your will. At this point, you don't need to specify who you want to receive what; just focus on the people involved so you know you won't be forgetting anyone.

What does a probate lawyer want to know?

In addition to a general understanding of your legal needs, the lawyer may want to know who else is involved with the case and their relationship to you. For example, in some probate matters, a client visits the lawyer to seek help for his or her parents or siblings.

How to save money with a lawyer?

To save money and to make the most of your time with your attorney, learn about your legal issue before you talk with the attorney. For example, if you’re interested in estate planning, learn the difference between a will and a living trust. Or, if you’re looking for a lawyer to help with a probate proceeding, take a bit of time to learn about probate, what a probate lawyer does, and what parts of a probate proceeding you might be able to take care of yourself.

What to talk about at a lawyer consultation?

At the consultation, be prepared to talk about your case. The lawyer may not too many details of your case before you sign a fee agreement, but you should be prepared just in case.

How to find a good estate lawyer?

Expertise. Specifically, find out if the lawyer will handle a case like yours. Trusts and estates lawyers often specialize in a particular area— in estate planning, probate, trust administration, special needs issues, elder care, or other specific legal issues. You want an attorney who is experienced in the area you need, but not necessarily highly specialized in other areas—otherwise you might end up paying a higher rate for specialization that doesn’t apply to your situation. You could ask how many similar matters the lawyer has handled, or what percent of the lawyer's practice is in the area of expertise that you need.

What to do if a lawyer doesn't ask for documentation?

Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you may have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.

How to save money on trust and estates?

Do everything you can to reduce the time that lawyer will have to spend on your case. Even eliminating one email exchange could save you hundreds of dollars. ...

How to start a relationship with an attorney?

After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.

Who must sign a will in South Carolina?

When you make your last will and testament, South Carolina code states that it must be signed by you (or by someone else in your name, in your presence and at your direction) and two individuals who either witnessed you signing it or your acknowledgement of signing it.

What is a codicil in a will?

This requires a codicil, which is a legal document that amends specific parts of the will but leaves the rest as is. A codicil has the same requirements as the will in order for it to be valid: your signature and the signature of two witnesses.

Can a will be written in the handwriting of a witness in South Carolina?

This is a document that’s in addition to the will that doesn’t require the signature of witnesses to be valid. However, it must either be written in the testator’s handwriting or signed by the testator.

Can a memorandum be written in the testator's handwriting?

However, it must either be written in the testator’s handwriting or signed by the testator. The key point is that written memoranda only allows for the dispersal of tangible personal property. For example, you may use it to leave a beloved rocking chair to your grandchild, or a cuckoo clock to your sister.

Where do you file a will in South Carolina?

A will must be filed with the court in the county where the decedent lived even if there is no estate to probate. The court will determine the validity of the will and handle any contests made against it. South Carolina laws for settling an estate are much the same as in other states.

How long does probate take in South Carolina?

Formal probate in South Carolina will be open for at least eight months. Creditors are given that much time to submit claims against the estate. Of course, many estates will be open longer than that to allow for other issues or delays. If someone contests the will, the court may have a hearing on the matter, which will delay any other proceedings. Large estates can be open for more than a year. In some cases, it can take several years to settle the estate and close probate. It is difficult to predict how long probate will take, except with the informal process, which generally is much shorter and simpler. An attorney isn’t required in South Carolina, but they can help to move the process along.

What happens when an executor of an estate pays taxes?

Once all debts are paid, the remaining assets may be distributed to the heirs and ownership transferred. Probate for the estate is closed.

What is the value of a simplified probate?

You may qualify for a simplified version of probate which is less time-consuming and completed in a shorter timeframe. The value must be $25,000 or less. Otherwise, simplified probate may also work for estates with a sole beneficiary who is also the executor.

What is probate in South Carolina?

Probate is the method used to distribute and close an estate with the oversight of the court. If you’re involved in the process, you need to understand how probate works. Is Probate Required in South Carolina?

How long does it take to close probate in South Carolina?

In some cases, it can take several years to settle the estate and close probate. It is difficult to predict how long probate will take, except with the informal process, which generally is much shorter and simpler. An attorney isn’t required in South Carolina, but they can help to move the process along.

How much does an executor get paid in South Carolina?

Section 62-3-718 says they may get an amount not to exceed five percent of the value of the personal property. This is in addition to up to five percent from the sale ...

How much does a lawyer charge for a will?

Depending on where you live and how complicated your family and financial circumstances are, a lawyer may charge anything from a few hundred to several thousand dollars for a will and other basic estate planning documents.

How much does it cost to write a will?

It's very common for a lawyer to charge a flat fee to write a will and other basic estate planning documents. The low end for a simple lawyer-drafted will is around $300. A price of closer to $1,000 is more common, and it's not unusual to find a $1,200 price tag.

Why do lawyers have flat fees?

Finally, some lawyers feel that a flat fee arrangement lets everyone relax and makes for a better attorney-client relationship. You won't feel reluctant to call or email with a question, and the lawyer can take the time necessary to listen to your concerns and explain things to you without feeling like the meter is running.

Why do estate lawyers charge flat fees?

Lawyers like flat fees for several reasons. First, they can use forms that they've already written – most estate planning lawyers have a set of standard clauses that they have written for different situations, which they assemble into a will that fits a new client's wishes. It won't take a lawyer much time to put your document together, ...

Why is it important to have a durable power of attorney?

This is good advice because every adult should have these durable powers of attorney. They give someone the power to act on your behalf (always in your best interests) if you should become incapacitated— for example, because of an accident or unexpected serious illness. These are not complicated documents, and many states have their own forms for the advance directive. But they'll probably add a few hundred dollars to the bill. (See the results of this national survey on how much lawyers charge to prepare estate planning packages .)

How much does a lawyer charge for a living trust?

It's rare to see a price of less than $1200 or $1500 for a trust. One caveat: After your will has been property signed and witnessed, you're done. But after a living trust is drawn up ...

How much does an estate planning lawyer charge?

The hourly rate will depend primarily on the lawyer's experience and training, and where you live. In a small town, you might find someone who bills at $150/hour, but in a city, a rate of less than $200/hour would be unusual. Lawyers in big firms generally charge higher rates than sole practitioners or small firms, unless a small firm is made up of lawyers who specialize in sophisticated estate planning and tax matters. A lawyer who does nothing but estate planning will probably charge more than a general practitioner, but should also be more knowledgeable and efficient. (See details of hourly fees reported by estate planning attorneys around the country.)