Detailed answer: What happens in South Carolina when a will is lost or destroyed?

When a decedent’s original will cannot be found, or a will is physically destroyed, South Carolina probate law treats two separate questions:

1. Was the will intentionally revoked by the testator? A will that the testator intentionally destroyed (for example, burned, tore, or otherwise canceled with the intent to revoke) is generally treated as revoked. The probate court will consider the circumstances surrounding the destruction to decide whether the decedent intended to cancel the will.
2. Can the terms of the missing or destroyed will be proven and admitted to probate despite the absence of the original? If the original was lost without proof of intentional revocation, South Carolina courts allow a lost or destroyed will to be admitted if the person seeking probate can prove both the contents of the will and that the decedent did not intend to revoke it.

How the court decides revocation vs. lost copy

The probate judge will look at the evidence. Common types of evidence the court considers include:

• Testimony that the will was last seen in the decedent’s custody and that it later disappeared (a disappearance while in testator’s custody often raises a presumption of revocation, which the proponent must rebut).
• Direct evidence the decedent tore, burned, or otherwise destroyed the will with intent to revoke.
• Copies of the will (paper or electronic), drafts, or other documents showing the will’s terms.
• Testimony from attesting witnesses or other witnesses who can describe the will’s execution and contents.
• Correspondence, emails, or recordings that confirm the decedent’s intent regarding the will.

How you prove the contents and validity of a lost or destroyed will

To admit a lost or destroyed will, a petitioner typically must file a probate petition in the county probate court where the decedent was domiciled and present evidence that:

1. The decedent executed the will in compliance with South Carolina requirements (for example, proper signing and witnessing practices);
2. The original will is lost or destroyed and there is no proof the decedent intended to revoke it; and
3. The contents of the will can be established through secondary evidence (copies, witness testimony, and other records).

South Carolina courts require convincing proof. If the proponent persuades the court the will existed, was validly executed, and was not intentionally revoked, the court may admit a copy or reconstructed version of the will and carry out the decedent’s directions. If the court concludes the will was revoked or the proof is inadequate, the estate will be distributed under intestacy rules.

What happens if the court cannot admit the will?

If the lost or destroyed will cannot be proved, the decedent’s estate will be treated as if there is no valid will (intestate). South Carolina intestacy law (Title 62) governs how assets pass to heirs when there is no valid will. For more on South Carolina probate and wills, see the South Carolina Code, Title 62 (Decedents’ Estates): https://www.scstatehouse.gov/code/t62c002.php

Practical points about burden and standards of proof

The person asking the court to admit a lost or destroyed will bears the burden of proof. Courts often require strong, convincing evidence to overcome the presumption that a will that disappeared while in the testator’s custody was revoked. Evidence from the original attesting witnesses, credible copies, or contemporaneous statements by the decedent are especially valuable.

Court steps you can expect

1. File a petition in the probate court in the decedent’s county of residence.
2. Give notice to heirs and interested parties so they can object.
3. Present evidence at a hearing: witness testimony, copies or drafts, and other proof of non-revocation and contents.
4. The judge will decide whether to admit a copy or reconstructed will, or to find there is no probateable will and order intestate distribution.

Because procedures and evidentiary standards vary by county and the specific facts, talk with a South Carolina probate attorney about preparing the petition and assembling proof.

For the text of South Carolina statutes on wills, revocation, and probate procedure, consult South Carolina’s statutes at the legislature site (Title 62, Decedents’ Estates): https://www.scstatehouse.gov/code/t62c002.php

Helpful hints — practical steps if you discover a missing will in South Carolina

• Stop searching methodically: check the decedent’s home, office, safe-deposit box, attorney or bank safe, and file cabinets. Ask the decedent’s lawyer if one handled the will.
• Look for copies: photocopies, scanned files, emails, or a draft. A high-quality copy and witnesses who can attest to its accuracy help a lot.
• Identify and preserve witnesses: locate attesting witnesses or anyone who discussed the will or saw the decedent sign it. Get written statements or affidavits as soon as possible.
• Document facts about disappearance: when was the will last seen, who had access, and circumstances of loss. Courts weigh these facts when deciding whether destruction was intentional.
• File a petition promptly: probate deadlines and delays can complicate matters. Early engagement with the probate court and prompt notice to heirs help protect rights.
• Consider reconstruction: if you have drafts, notes, or multiple copies, an attorney can help reconstruct the testator’s intent for the court.
• Do not alter or destroy any document that might relate to the will; preserve all potential evidence.
• Get legal help: a probate lawyer can prepare the petition, gather admissible evidence, and represent you at a hearing. If cost is a concern, ask the attorney about limited-scope help or local legal aid resources.
• If the will appears intentionally destroyed, collect any statements or evidence showing whether the decedent changed their mind or properly executed a later will.

For how South Carolina handles intestate estates if no will is admitted, review South Carolina intestacy provisions in the Decedents’ Estates statutes: https://www.scstatehouse.gov/code/t62c002.php