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In order for a Will that is executed in South Carolina to be valid it must be (i) in writing, (ii) signed by the person making the Will (or signed for them by another person at their direction and in their presence), and (ii) signed by two witnesses.
A pour over will functions after an individual has already created a trust and funded the trustmeaning, they have placed certain assets in the trust to be given to beneficiaries after their death in order to avoid the probate court process.
Is Probate Required in South Carolina? In most cases, the answer is yes. Probate will be a necessary step in distributing he assets of the estate. The court monitors this process to ensure the decedents wishes are followed as indicated in the will.
A pour-over will can help the family and beneficiaries of the testators will avoid probate on non-trust assets by transferring them into the trusts care after the testator dies. If the value of the pour-over assets does not exceed Californias statutory limits for trust funds, the assets will not move into probate.
All wills must be property signed and witnessed to be effective. For example, South Carolina requires two witnesses for a will to be valid. A notary is not sufficient, or even required.
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While a person can handwrite their own will, South Carolina requires several other criteria to be met as well in order for a handwritten will to be considered valid. The South Carolina Probate Code states that a handwritten will is valid if certain procedures are followed.
Under South Carolina law, a will must be filed with the court within 30 days after the death of the testator. SC Code of Law 62-2-901. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an executor or administrator).
Unfortunately, no, a Pour Over Will does not avoid probate. Because assets in a Pour Over Will are not yet owned by the Trust, they must go through probate before they can be transferred over, and its only then that they can realize any benefits a Trust has to offer.
However, in Florida, a pour-over Will does go through probate. This means that whatever property has not been transferred prior to death will become part of the public record and count toward your estate administration fees and estate taxes.
A South Carolina will must be filed with the Probate Court within thirty days of the decedents death. Once the will is proven, the executor (person who oversees the deceaseds estate) can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.

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