South Carolina Will Leave Your Spouse with Half — Unless You Plan Around It
Here's what catches most South Carolina families off guard: if you die without a will, your spouse only inherits 50% of your probate estate. Your children split the other half. Stepchildren get nothing. Unmarried partners get nothing. And if you assumed you were "common-law married," you should know that South Carolina prospectively abolished common-law marriage on July 24, 2019.
That's not a hypothetical risk. It's S.C. Code § 62-2-102 — the default rule that applies to every dollar and every piece of property that doesn't have a beneficiary designation, joint owner, or trust attached to it.
Most people know they need a will. The problem isn't motivation — it's knowing which documents South Carolina law actually requires, how those documents interact with deed titles and beneficiary forms, and which execution mistakes silently invalidate the whole thing.
The South Carolina Estate Protection System
The South Carolina Basic Estate Planning Kit is a step-by-step system that connects every document and decision — wills, trusts, powers of attorney, beneficiary designations, Medicaid protection, and executor preparation — into one coordinated plan that actually works under South Carolina law.
This isn't a stack of generic legal forms with a disclaimer. Every instruction, threshold, and code section is specific to South Carolina — from the two-witness will requirement that national platforms gloss over, to the SLED certified background check your executor will need before the probate court issues a single letter of appointment.
What You Get — 7 Printable PDFs
- Complete Estate Planning Guide (34 pages) — 9 chapters covering intestacy rules, will creation and execution, revocable living trusts, non-probate transfers, companion documents (POA, healthcare directive, living will), Medicaid estate recovery protection, special situations, executor preparation, and a consolidated reference directory. Every instruction references the specific South Carolina statute that applies.
- Quick-Start Checklist — a compact, printable action plan covering 20 items across 7 priority sections. Check off each step as you complete it — from reviewing intestacy defaults to scheduling your annual review.
- Non-Probate Asset Alignment Worksheet — a fillable inventory for every asset you own: real property, bank accounts, investments, retirement accounts, insurance, and vehicles. For each one, record the current titling and beneficiary status to see exactly which assets are exposed to probate.
- Will Execution Blueprint — a print-and-bring reference for your signing ceremony. Covers the two-witness rule, interested-witness trap, self-proving affidavit steps, witness selection checklist, notary locations, and will storage options.
- Executor Preparation Packet — hand this to your Personal Representative. Includes the SLED background check process, a first-30-days action checklist, both probate tracks (small estate vs. regular), court fees, administrative costs, debt payment priority, and a letter-of-instructions template.
- Medicaid Estate Recovery Protection Worksheet — South Carolina's probate-only recovery rule explained, with an asset exposure audit table and protection strategies for every asset type. Includes the undue hardship waiver checklist and the 5-year look-back warning.
- Forms, Fees & Contacts Reference — every South Carolina probate form, filing fee, deadline, and agency contact number consolidated on one printable page. Fill in your county probate court details and keep it with your documents.
What Makes This Different from Generic Templates
National platforms like LegalZoom and Trust & Will charge $149 to $499+ for document creation, then quietly bill your credit card $49 to $299 annually just to maintain access to your own files. Cancel the subscription and you lose everything you've already paid to create.
More importantly, those platforms miss the details that make or break an estate plan in South Carolina:
- The "three-witness" myth. South Carolina requires two witnesses, not three. The confusion comes from § 62-2-504, which voids gifts to witnesses who are also beneficiaries. National templates either get this wrong or ignore the nuance entirely — leaving your beneficiaries' inheritances at risk.
- No Transfer on Death deeds. Unlike 30+ other states, South Carolina does not allow TOD deeds for real property. If your home is titled in your name alone, it goes through probate. Period. Generic platforms won't flag this because they're built for the states where TOD deeds do exist.
- The SLED background check. South Carolina probate courts require your executor to submit a certified criminal history report from the South Carolina Law Enforcement Division before they can receive their letters of appointment. The kit includes the exact mail-in process, fee structure ($25 by certified check or money order), and the P.O. Box address — details no national template covers.
- The 2019 common-law marriage abolition. Couples who began living together after July 24, 2019 have zero default inheritance rights under Stone v. Thompson. If your partner isn't explicitly named in a will, they cannot inherit your home, your accounts, or your personal property.
- Probate-only Medicaid recovery. South Carolina can only recover long-term care costs from assets that pass through probate court. Proper titling — joint tenancy deeds, funded trusts — shields the family home completely. The kit shows you exactly how to verify whether your assets are exposed.
The South Carolina Basic Estate Planning Kit is a one-time purchase. No subscriptions, no annual renewal, no paywall between you and your own estate plan.
Who This Is Built For
- Homeowners who want to keep their property out of South Carolina's probate system — especially if the home is titled solely in one spouse's name
- Parents who need to name guardians for minor children and set up basic protections now, not "someday"
- Blended families where the default 50/50 intestacy split would disinherit stepchildren or force the sale of the family home
- Unmarried partners who need explicit legal protections now that common-law marriage is no longer available in South Carolina
- Out-of-state transplants who moved to coastal counties like Horry, Beaufort, or Charleston and need to confirm their existing estate plan still works under South Carolina law
- Adult children helping aging parents get documents signed while they still have legal capacity — because once capacity is gone, guardianship court is the only option
- Heirs' property co-owners who need to clear title on land passed down through generations without a will
Why Not Just Hire an Attorney?
South Carolina estate planning attorneys charge $1,500 to $4,000+ for a basic will-and-trust package. For complex situations — multi-state property, business succession, special needs trusts — that's money well spent, and the kit tells you exactly when to hire one.
But for the vast majority of families who need a legally valid will, properly titled assets, and coordinated companion documents, the kit provides immediate protection at a fraction of professional fees.
And if you do decide to hire an attorney later, the asset inventory, beneficiary audit, and decision worksheets you've completed become your intake package — saving hours of billable time at $300 to $500 per hour.
— Less Than the SLED Background Check and Filing Fee Combined
Your executor will spend $25 on the SLED background check alone. County probate filing fees add another $25 to $150 depending on estate value. Attorney consultations start at $200 per hour.
The kit gives you the complete system — guide, checklist, and step-by-step instructions — for less than the administrative fees you'll pay before probate even begins.
30-Day Money-Back Guarantee
Download the kit, review the guide and checklists. If the plain-English instructions don't clarify the exact steps needed to protect your family under South Carolina law — or if you decide to hire a local attorney for a custom trust instead — email us within 30 days for an immediate, full refund. No questions asked.
Important notice: Bereavement Start Guide is a publisher of educational resources and legal templates. This kit assists individuals in organizing their estate affairs and understanding South Carolina's statutory requirements. It does not provide personalized legal, financial, or tax advice, does not act as a law firm, and does not establish an attorney-client relationship. For complex assets, multi-state property, or custom trust structures, consultation with a licensed South Carolina attorney is strongly recommended.