Detailed Answer
This guide explains how to determine whether the will you received is the original document under South Carolina law and what to do if it appears to be only a copy. This is educational information only and not legal advice.
What South Carolina law generally requires
Under South Carolina law, a valid will is typically a signed writing that was executed in the manner required by statute. The Probate Court prefers to admit the original document for probate. South Carolina law also contains procedures for proving a will when the original cannot be produced. For the statutory framework on wills and probate, see South Carolina Code, Title 62: Estates, Trusts and Protective Proceedings: https://www.scstatehouse.gov/code/title62.php.
Step-by-step: How to check whether a will is the original
- Look for original signatures. Originals normally include the testator’s signature and the signatures of the required witnesses. In South Carolina, wills are commonly attested by two witnesses. A photocopy will often show a flat, uniform look to the signatures; an original signature usually shows ink variation and slight indentation.
- Check for a self‑proving affidavit and notary seal. Many wills include a self‑proving affidavit signed by the testator and witnesses before a notary public. That affidavit often bears a notary’s raised seal or ink stamp and a dated notarial certificate. A self‑proved will speeds admission to probate because the court may accept the affidavit in place of live witness testimony.
- Inspect the paper and physical features. Originals may be on heavier paper, contain watermarks, or have visible pen pressure, ink pooling, or indented lines. Photocopies often have subtle halftone patterns, loss of contrast, or repeating artifacts from the copier.
- Look for attachments or handwritten annotations. Originals sometimes include attachments (lists of assets, schedules) clipped or stapled in a way that leaves physical evidence. Handwritten changes or initialed codicils can indicate an original.
- Confirm provenance — where the document came from. Ask who gave you the will and where they kept it. Originals are often stored in a safe deposit box, a lawyer’s file, or a home safe. If the document came from an estate attorney or the decedent’s lawyer, they may confirm whether the copy is the original.
- Contact the witnesses and the drafting attorney. Witnesses who signed the will can confirm they signed the original document and can describe how and when they signed it. The attorney who prepared the will can often confirm whether they hold the original or whether a self‑proved original exists.
- Preserve the document and avoid altering it. If you have what you believe is the original, preserve it in its current condition. Do not add marks, hole punches, or attempt to repair tears. Keep the document flat and in a dry envelope or folder. Photo-document the document (but do not alter it) and note chain of custody details (who had it and when).
- When in doubt, treat it as the original for probate purposes. Probate courts ordinarily require the original will to admit it to probate. If you only have a copy, you should inform the court and seek legal guidance because different procedures apply when the original cannot be produced.
What if you only have a copy?
If the original will cannot be located, South Carolina law provides a process for proving the contents of a lost or destroyed will. The court may consider secondary evidence — such as a copy of the will, testimony from witnesses who recall the will’s contents, or the drafting attorney’s file — to determine whether the copy accurately reflects the testator’s last wishes and whether the original was revoked or destroyed. Because courts require strong proof when the original is missing, you will likely need witness testimony or other convincing evidence. See South Carolina Code, Title 62 for the governing provisions: https://www.scstatehouse.gov/code/title62.php.
When to involve the Probate Court and an attorney
If you suspect the will you have is a copy or the original is missing, contact a probate attorney promptly. The attorney can advise whether to file the original (if you have it) with the probate court in the county where the decedent lived or to begin the process to prove a lost will. The South Carolina Judicial Branch information is available at https://www.sccourts.org/. An attorney will also advise how to preserve evidence, question witnesses, and comply with court proof requirements.
Practical red flags that suggest the document is a copy
- No original ink signatures or witness signatures that look mechanically reproduced.
- No notary seal on a purported self‑proving affidavit.
- Paper appears thin, overly white, or shows copier lines/patterns.
- Document was transmitted by email or printed from a fax without an original physically located.
Bottom line: The most reliable way to confirm an original will is a careful physical inspection, confirmation from the drafting attorney or witnesses, and, if necessary, submission to the Probate Court. If the original is missing, the court may allow a copy only after strong proof under South Carolina law.
Disclaimer
This information is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed South Carolina probate attorney.
Helpful Hints
- Do not sign, mark, staple, or otherwise alter the will. Preserve its current condition.
- Photograph the document (front and back) to preserve an image for counsel, but keep the original secure.
- Ask the person who gave you the will exactly where it was kept and whether an attorney or bank held the original.
- Request the drafting attorney’s file. Many lawyers retain originals or a self‑proved affidavit.
- If witnesses are available, get their contact information and ask them what they recall about signing the will.
- If you cannot find the original, begin documenting your search (who you contacted and where you looked). The court will want to see reasonable efforts to locate the original.
- If you decide to file the document for probate, do so with the county Probate Court where the decedent resided — an attorney can handle filing and proof steps for you.
- Keep all communications and receipts related to the will’s custody in case the court later asks about chain of custody.