Formal Probate: Will Validity & Challenges

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Because the last will and testament is a legal document that effects the rights of individuals, there are specific requirements respecting how the testator must draft and execute his or her will.  The formalities prescribed by the South Carolina Probate Code are to protect against coercion, fraud, incapacity, etc and also to ensure that all legal and tax matters are addressed so that administration of the will can be an easy processed.  Execution of a will is governed by SECTION 62-2-502 of the South Carolina Probate Code.

If the will is not executed and amended in the manner required by the statute or if a family member or person listed in the will disagrees with the will or the will administration, Formal Probate may be necessary.   Additionally, Formal Probate may become necessary due to issues with real estate or because a family member or spouse was omitted and seeks to assert rights provided for in the South Carolina Probate Code, Sections 62-2-301, 302, & 62-2-201  or because the family believed there was no will but after intestate administration has started, a will is found.   An individual who is in possession of that will who does not file the will with the Probate court may be liable to persons named in the will.

Because Fresh Start SC aims to serve low-income individuals, formal representation is only available for estates less than $25,000 or for single asset estates.  Click here if you would like to speak with a Fresh Start SC attorney regarding a small estate or single asset estate.

Our personal service is available for larger estates through McAleer Pennington Law LLC, Click here speak with an attorney regarding a multiple asset estates or estate valued over $25,000.