Legal Question in Wills and Trusts in South Carolina
Out-Of-State wills in South Carolina
My will was drawn up in Maryland by a Maryland attorney. I now reside in South Carolina. I have been told that taking an out-of-state will through probate in South Carolina is both more difficult and more expensive than a will drawn in South Carolina. Is this true? Should I have my will redrawn by a South Carolina attorney?
1 Answer from Attorneys
Re: Out-Of-State wills in South Carolina
It may cost more. You need a lawyer to look at it and determine if it is a "self proving" will. If not self proving, you must find the witnesses on your old will and commission an out of state official to confirm your signing from the witnesses. Many times they may be absent from the state of execution or dead or unable to be found. However, a will properly drawn in the other resident state will be generally found to be valid in South Carolina.
Check with an attorney.