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Legal Last Will and Testament Form with All Property to Trust called a Pour Over Will - South Carolina 2026

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The document outlines the instructions and template for a 'Pour Over Will' in South Carolina, intended for individuals establishing a Living Trust. It emphasizes the importance of having a will alongside a living trust to ensure that any assets not transferred to the trust at the time of death are directed to it. The document includes sections on property conveyance, debt payment, guardianship of minor children, appointment of personal representatives, and various legal provisions. It also contains disclaimers regarding legal advice and encourages consultation with an attorney.

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Click ‘Get Form’ to open it in the editor.
Begin by filling in your name and county of residence at the top of the form. Ensure that you are of legal age and sound mind.
In Article One, specify the date of your Living Trust and its name. This section conveys all remaining property to your trust upon your death.
Article Two requires you to indicate how debts and expenses will be handled. Confirm that your Personal Representative will manage these payments.
If applicable, complete Article Three by naming a guardian for any minor children.
In Article Four, appoint a Personal Representative. If they cannot serve, designate a successor.
Review Articles Five through Seven for waivers and powers granted to your Personal Representative, ensuring clarity on their responsibilities.
Finally, sign the document in front of witnesses as required by South Carolina law, ensuring all signatures are completed correctly.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What are the requirements for a will to be valid in South Carolina?

You must be of sound mind. You must sign the Will in front of two witnesses. Your witnesses must sign the Will in your presence. The Will must be in writing.

How to avoid probate in South Carolina after death?

One way to avoid probate in South Carolina is by using a transfer-on-death (TOD) deed for real estate. This allows the property to be transferred to the beneficiary upon the owners death, bypassing the probate process.

What is the difference between a trust and a pour-over will?

When settling an estate, trust assets are distributed to beneficiaries as the grantor instructed. A pour-over will covers assets not placed in the trust by the grantor, whether accidentally or intentionally, before death. It acts as a safety net.

What assets are exempt from probate in South Carolina?

Non-Probate Assets in South Carolina Assets Held in Joint Tenancy. Beneficiary-Designated Accounts. Trust Assets. Property with a Transfer-on-Death Deed. Small Estates Under South Carolinas Simplified Probate Process.

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