Detailed Answer
Locating and verifying original wills and codicils before opening probate ensures a smooth estate administration in South Carolina. Follow these steps:
1. Search the Probate Court’s Will Registry
South Carolina law allows a testator to deposit an original will or codicil with the county probate court clerk for safekeeping. The clerk maintains a registry of wills that lists each deposit by testator name and date. Contact the county probate clerk to search this registry in person or online. See SC Code Ann. §62-2-502 and §62-2-507.
2. Review the Decedent’s Personal Records
Search the decedent’s home office, file cabinets, safe deposit box, digital storage, or personal binder. Property deeds, tax returns, or insurance policies may reference the existence or location of a will or codicil.
3. Request Access to Safe Deposit Boxes
Banks typically secure safe deposit boxes until presented with a death certificate and a court order. File a petition with the probate court for an order to open the box and inspect its contents.
4. Contact the Decedent’s Attorney or Law Firm
Many people ask their attorney to draft and store their estate planning documents. Call the last known law firm of the decedent and request any original wills or codicils in their file.
5. Check with Third-Party Fiduciaries
If the decedent appointed a trustee, executor, or agent under a power of attorney, ask whether they hold the original will or know its location.
6. Verify Authenticity Before Filing
- Self-proving wills carry a notarial certificate that simplifies proof. See SC Code Ann. §62-3-502.
- When witnesses are available, they must testify or submit affidavits attesting to execution of the will. See §62-3-503.
- If witnesses are deceased or unreachable, present other evidence of authenticity consistent with court rules.
Once you have the original or an authenticated copy, file your probate petition and submit the document to the court. See SC Code Ann. §62-3-501.
Helpful Hints
- Begin your search promptly to prevent deadlines from lapsing.
- Keep a detailed log of where you searched and who you contacted.
- Obtain certified copies of death certificates before filing any petitions.
- Consider hiring a professional probate researcher if you cannot locate the original.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed South Carolina attorney for guidance on your specific situation.