Legal Question in Wills and Trusts in South Carolina

Re: Copy of a Will

You do not say if the maker of the Will is now deceased, or still alive. Further, you do not say, if the person is deceased, if you are mentioned in the document. If the person who made the Will is still alive, unless you have some written authorization from the maker, like a Power of Attorney, you have no rights to see it. The simple reason is that while living, unless the maker has made an agreement with anyone not to revoke the document (highly unusual), the document is revocable and can be changedat any time up to the moment of death, if the maker is competent. If the maker is deceased, you have a right to receive a copy once it is submitted and approved for probate, and be notified of its probate, if you are mentioned in it. This is required by law. If you are not mentioned, you can still see a copy (unless there is some reason it is ordered to be sealed) by just going to the Surrogate's Office where is was probated, which is the County where the decedent was residing at the date of death. Once probated, Wills are public documents, unless for some unusual reason, they are ordered to be sealed. Be aware that if you have reason to object to the probate or contest the document, you have limited time periods to file with the Surrogate after probate. You can file a caveat before probate, but after death, which might prevent the document from being probated, if there is good cause for your filing. Not being provided a copy, if you are not mentioned or if you have no interest in the decedent's estate, but just want to see a copy, is not a good reason for filing a caveat. You then must wait until it is probated.