Detailed Answer
When someone passes away, locating their valid will or other estate planning documents ensures their final wishes guide asset distribution. In South Carolina, wills may reside with courts, attorneys, or in private safes. Follow these steps to verify the existence and validity of such documents.
1. Search the Probate Court Files
South Carolina allows testators to deposit original wills with the Clerk of Court in the county of their last residence. Under S.C. Code Ann. § 62-2-501, a will deposited remains unopened until after death. To check:
- Contact the Clerk of Court where the decedent lived at death.
- Request a search for any deposited wills or probated wills in estate records.
- Provide the decedent’s full legal name and date of death.
Link to statute: S.C. Code Ann. § 62-2-501.
2. Review Probate and Estate Filings
If a will has been admitted to probate, it becomes a public record. Search online docket systems or visit the Clerk’s office to view:
- Probate petitions.
- Letters of testamentary or administration.
- Certified copies of the will.
For proof and record of wills, see S.C. Code Ann. § 62-3-501.
3. Contact the Decedent’s Attorney
Many people store wills and trusts with the attorney who drafted them. Reach out to law firms in the decedent’s area. Provide proof of your interest in the estate and request copies of any documents.
4. Examine Personal Records and Safe Deposit Boxes
Search the decedent’s home for:
- Fireproof safes or file cabinets.
- Safe deposit box statements or keys.
- Digital storage (external drives, cloud accounts).
If you locate a safe deposit box, you may need a court order or joint tenant authorization to open it.
5. Ask Close Family Members and Friends
The testator may have informed trusted individuals about the document’s location. Speak with:
- Spouse or domestic partner.
- Adult children or siblings.
- Close friends or executors named in the will.
6. Use a Professional Search Service
Title companies and legal support firms offer will-search services. They can conduct statewide or national searches for a fee.
7. Verify Formal Requirements
Under South Carolina law, a valid will must be in writing, signed by the testator, and witnessed by two credible witnesses (§ 62-2-502). Check the document for:
- Testator’s signature and date.
- Signatures of two witnesses.
- Language expressing testamentary intent.
Link to formalities: S.C. Code Ann. § 62-2-502.
Helpful Hints
- Gather the decedent’s full legal name, date of birth, and Social Security number to aid searches.
- Use certified or registered mail when requesting documents from courts or attorneys.
- Keep detailed notes on whom you contacted and when.
- Act promptly to account for South Carolina’s probate time limits.
- Secure all original documents once located to preserve validity.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your situation.