Legal Last Will and Testament Form for Married Person with Adult and Minor Children - South Carolina 2025

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You can create your own will in South Carolina. The state does not require that you use an attorney to draft your will. You can make your own will if you have a simple estate and know your wishes. There is an advantage to online will drafting services.
If you pass without a will, South Carolina intestacy laws decide how your property is distributed. The distribution depends on whether you are married and how many surviving family members you have. If you have a spouse and no children, your spouse will inherit your entire estate.
Note that South Carolina does not require a will to be notarized, as the law provides for self-proving (but it is strongly recommended).
While you may have heard it takes a certain number of years (seven is the most common belief), in South Carolina, you could be common law married after living together for less than a year if certain criteria were met.
The idea behind spousal privilege is to protect the sanctity of marriage and not force someone to testify against their spouse during certain types of legal and court proceedings. South Carolina recognizes spousal privilege, which is covered under South Carolina Code of Laws, Section 19-11-30.
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The intestate share of the surviving spouse is: (1) if there is no surviving issue of the decedent, the entire intestate estate; (2) if there are surviving issue, one-half of the intestate estate.
How to make a will in 10 steps Decide how youll write your will. List your assets in your will. Decide who should receive your assets. Choose your will executor. Choose guardians for your minor children. Leave a gift to charity. Sign your will in front of witnesses to make it legally valid.

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