Personal Property Memorandum

by / Friday, 14 February 2014 / Published in Probate

A personal property memorandum is used to pass personal items of the testator and may be informally amended.  The personal property memorandum is not effective to pass real estate, cash or stocks.

The memorandum must be specifically referred to in the will and if a memorandum is referenced in the will, the personal representative has a duty to diligently look for a memorandum.  The personal representative must also provide the dates that the will and memorandum were created.

SECTION 62-2-512 of the South Carolina Probate Code governs personal property memorandums. 

TOP