In South Carolina, Can I file a will with the probate court while I am alive?

Apparently, in some states now, and in South Carolina in the old timey days, people could file their wills with the probate court while they were alive so that when they died, their heirs knew where the will was. In South Carolina, people do not file their will with the probate court while they are alive. Although some counties have a will vault with some old wills, the practice in South Carolina is for people to keep track of their own wills. For the most part, if an original will is not found, it is presumed to be destroyed. There are exceptions, of course, to this general rule.

In case you are wondering, most attorneys I know do not keep their client’s original will, either, because of liability purposes.

So if you live in South Carolina, keep that original will in a safe place!

PS-This and all my posts are for informational purposes only. I am not your attorney just because you are reading this, and this is not intended as legal advice. If you would like more information, feel free to contact me at (803) 929-0096 or mike(at)belserpa.com.

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