A South Carolina Last Will and Testament Keeps You in Control – Not the Court
A Clear Exit Strategy for Your Property, Your Children, and Your Peace of Mind
A last will and testament is more than a legal document. It’s a core part of your exit strategy – part of an estate plan that keeps your wishes clear and your family out of unnecessary court chaos.
In South Carolina, a last will and testament allows you to decide:
- Who inherits your property
- Who manages your estate
- Who cares for your children if something happens to you
Without a valid will, the law doesn’t guess what you wanted. The probate court applies default rules that may not match your family, your priorities, or your intentions.
Many people delay creating a will because it feels uncomfortable or because they assume they “don’t have enough” to plan. In reality, a last will and testament protects families at every income level and makes life far easier for the people you leave behind.
At Benjamin R. Matthews and Associates, LLC, we help South Carolina families create wills that are clear, enforceable, and built for real life. With the right guidance, the process is straightforward – and the peace of mind lasts.
What a Last Will and Testament Actually Does in South Carolina
A last will and testament is the document the South Carolina probate court follows to carry out your instructions after you pass away. It turns personal wishes into legally enforceable directions the court must respect.
When properly drafted and executed, a will can:
- Direct who inherits your property, including homes, land, bank accounts, vehicles, and personal items
- Name a personal representative, someone you trust to handle probate, debts, and distributions
- Appoint a guardian for minor children, instead of leaving that decision to a judge
- Set inheritance instructions, including specific gifts, timing, and conditions
- Keep state law from taking over, preventing intestate succession rules from overriding your intent
- Reduce probate conflict by clearly documenting decisions in writing
- Give the court a roadmap so there will be clarity instead of confusion
These protections only work if the will is drafted correctly and executed under South Carolina law.
A last will and testament also works hand-in-hand with a Kids Protection Plan, which helps ensure your children are cared for immediately and that money set aside for them is managed properly. When these documents are coordinated, families avoid delays, court involvement, and uncertainty during an emergency.
Our South Carolina estate planning attorney helps ensure your will supports your full exit strategy so that nothing is left vulnerable and your instructions hold up when it matters most.
Types of Wills Used in South Carolina
Different families have different needs. A will should reflect those needs, not force every situation into the same template. South Carolina residents commonly use several types of wills, each serving a different purpose.
Each type has advantages and limitations. Before choosing a type, it is important to understand how each option works and why it may or may not fit your circumstances. Here are the most common wills used in the state:
- Simple will: Directs property distribution and names a personal representative.
- Testamentary trust will: Creates a trust for children or dependents that activates after death.
- Pour over will: Works with a living trust by transferring remaining assets into the trust at death.
- Updated or restated will: Reflects major life changes such as divorce, remarriage, illness, or financial changes.
A properly prepared will ensures your voice is heard even when you are no longer here to speak. A South Carolina estate planning lawyer can help determine which option protects your family most effectively.
What Happens If You Die Without a Will in South Carolina?
Dying without a last will and testament means dying without an exit strategy. Under South Carolina law, this is called dying intestate – and it puts the court in charge of decisions you should have made yourself.
When there is no will, South Carolina law follows a rigid formula to decide who receives your property. That formula does not consider personal relationships, family dynamics, or what you would have wanted.
If you own a home in Columbia, Rock Hill, or anywhere in South Carolina, that property may be distributed in ways that don’t match your intentions. The same is true for bank accounts, vehicles, and personal belongings. Stepchildren, unmarried partners, or estranged relatives are not factored in unless the law specifically says so.
Without clear instructions, uncertainty often turns into conflict. Families are left guessing, timelines stretch out, and court involvement becomes unavoidable – all during an already emotional time.
Take Control of What Happens Next
A last will and testament keeps decisions in your hands instead of the court’s. It gives your family clear direction, reduces conflict, and helps avoid unnecessary chaos after you’re gone.
Working with a South Carolina estate planning attorney makes the process simple and ensures your plan is legally sound and enforceable. Contact Benjamin R. Matthews and Associates, LLC to schedule a free consultation and take the first step toward creating your exit strategy.