Finding a decades-old will can trigger questions about validity and probate. This guide explains how to verify and admit an old will for probate in South Carolina.
Detailed Answer
Under South Carolina law, you must petition the probate court in the decedent’s last domicile to admit a will to probate. Follow these steps:
- Locate the original document: Track down the signed will. South Carolina courts require the original document when possible. If it’s missing, you may submit a copy under SC Code § 62-3-702 (62-3-702).
- Prove due execution: A valid will in SC must be signed by the testator and attested by two witnesses. If the attesting witnesses are unavailable, you can offer secondary evidence under SC Code § 62-3-703 (62-3-703).
- File a probate petition: Prepare and file a Petition for Probate of Will and Appointment of Personal Representative in the probate court of the decedent’s county. Include a certified death certificate, the original will or copy, and an inventory of assets.
- Notify interested parties: Serve notice on heirs, beneficiaries, and creditors per SC Code § 62-3-706 (62-3-706).
- Court hearing and order: The judge reviews evidence, hears any contests, and issues an order admitting the will and appointing a personal representative.
- Account and distribution: The personal representative inventories assets, pays debts, and distributes the estate according to the will.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Search attics, safety deposit boxes, and old files for the original will.
- Interview witnesses early to preserve their testimony.
- Retain certified copies of death certificates and any previously filed estate documents.
- Consider hiring a probate attorney if the will is contested or if evidence is scarce.
- Keep clear records of all filings and notices in case of challenges.