Detailed Answer
To probate an unwitnessed will in South Carolina, you must confirm the document’s validity under state law. South Carolina requires that a will be in writing, signed by the testator, and attested by at least two credible witnesses to qualify for probate.
Formal Execution Requirements
Under S.C. Code Ann. §62-2-504 (link), a valid will must:
- Be in writing and signed at its end by the testator;
- Bear the attestation of at least two competent witnesses present at the same time;
- Have the witnesses sign an attestation clause.
Notarization is not required for validity, but you can add a self-proving affidavit under S.C. Code Ann. §62-2-508 (link) to streamline probate.
Remedy When Witness Signatures Are Missing
If your will lacks witness signatures but the attesting witnesses are still available, have them execute a self-proving affidavit. The affidavit must state under oath that they observed the testator sign the will. Attach that affidavit to your petition for probate.
Probate Filing Steps
- Prepare a probate petition with the clerk of court in the decedent’s county.
- Attach the original will and any self-proving affidavits.
- File the petition and pay the statutory filing fee.
- Serve notice on heirs and interested parties as required by the court.
- Submit the estate inventory and final accounting as the personal representative.
Intestate Succession if Probate Fails
If the court rejects the will for missing formalities, the estate passes via intestate succession under S.C. Code Ann. §62-3-201 (link). Heirs inherit property according to the state’s hierarchy.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed South Carolina attorney for guidance tailored to your situation.
Helpful Hints
- Contact the probate clerk early to obtain local forms and fee schedules.
- Locate credible witnesses promptly and secure their affidavits.
- Keep copies of all filings and proof of service to interested parties.
- Consider drafting a new will that meets state formalities if possible.
- Review the small estate summary procedure if the estate’s value is under $25,000 (S.C. Code Ann. §62-3-401: link).