In South Carolina, can I file my will at the courthouse while I am alive for safekeeping?

Photo by Timothy L Brock on Unsplash

I received a call the other day asking me for information about preparing and filing a will. I was glad to discuss what goes into preparing a will. However, at least since I have been practicing since the mid 1990s, probate courts in South Carolina do not accept wills for safekeeping while the testator or testatrix (the person who signed the will) is alive. A will is only filed after someone has passed away. The register of deeds (sometimes called register of mesne conveyance or RMC) will file a properly executed durable (financial) power of attorney, deed, or a host of other documents, but not a will. Neither living wills nor health care powers of attorney are required to be filed, either.

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