[SC] Do I need a separate will after moving to another state, and what options do I have to avoid probate on my new home?

Lexi, Chatbot

I understand that navigating wills and probate can be quite complex, especially with properties in different states. Have you already consulted with an estate lawyer regarding your current Will in Tennessee?

Lexi, Chatbot

Are there any specific concerns or situations regarding your beneficiaries that you would like the Estate Lawyer to be aware of?

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

Where will you be legally domiciled at death, and do you expect to own real property in more than one state at that time?

Legal Eagle

Thanks for sharing that. Could you tell me if you have any other properties or significant assets outside of Tennessee and South Carolina?

Legal Eagle

Keeping finances separate can sometimes make things a bit more complex, especially with estate planning. Do you and your husband have any joint assets or plans to acquire any in the future?

Legal Eagle

The short answer is:  you do not need two wills. One properly written will can control property in more than one state. Having two separate wills often creates conflicts and can cause probate problems instead of preventing them.

Here is the long answer:

South Carolina recognizes a valid out-of-state will, but real estate located in South Carolina is still subject to South Carolina probate rules: (SC Code § 62-3-409)

• If you die domiciled in South Carolina while owning a South Carolina home in your name alone, that property goes through probate there even if your will was prepared under Tennessee law.
• Tennessee is still a probate state, but if you no longer own Tennessee real estate at death, Tennessee probate may be limited or avoided entirely.

South Carolina does not allow transfer-on-death deeds for real estate, so the main non-trust options to avoid probate are:

• Joint ownership with rights of survivorship (SC Code § 27-7-40)
• A life estate with remainder to your children (SC Code § 12-37-265)

Both of these transfer the home automatically at death under South Carolina law.

Here is what you can do legally, step-by-step:

1. Decide whether you want the South Carolina home to pass automatically at death by retitling it as joint tenants with right of survivorship with your children, understanding that this gives them a present ownership interest.
2. Consider a life estate deed where you keep full use and control during your lifetime and your children receive the property automatically at death without probate.
3. Update your existing will so it clearly states South Carolina as your intended domicile and coordinates cleanly with any deed-based transfer you choose.

Legal Eagle

I hear you, and to my understanding addendum for life estate deeds or survivorship deeds are not available as simple attachments and are usually custom drafted.

If you change or replace your will to reflect South Carolina domicile or new property planning, the updated will must be re-signed and re-notarized to be valid.

Legal Eagle

You can use either a Tennessee attorney or a South Carolina attorney, but the will should be updated to clearly reflect South Carolina as your intended domicile and address how South Carolina real estate is handled.

Many people feel more at ease having a South Carolina attorney make those updates because South Carolina probate rules will control the home there. The most important point is that the updated will complies with South Carolina execution requirements so it is accepted without issues later.

Legal Eagle

I hope I was able to help resolve your issue! Thank you.