As we move into the later part of 2025, many South Carolina residents are taking a fresh look at their estate plans. Whether you already have one or you’re just starting the process, now is the perfect time to update or create your estate plan. With changes in tax law, family dynamics, and South Carolina regulations, reviewing your plan can help protect your assets and give your loved ones peace of mind.

What Is Estate Planning?

Estate planning is the process of preparing legal documents that outline how your property and responsibilities will be handled if you pass away or become incapacitated. A solid estate plan typically includes a will, durable powers of attorney, healthcare directives, and sometimes trusts. These tools allow you to choose who will care for your children, manage your finances, and make medical decisions if you’re unable to.

Why 2025 Is the Right Time to Review Your Estate Plan

Several factors make 2025 a smart time to revisit your estate planning decisions:

• Changes in Federal Estate Tax Law: Some federal tax exemptions are expected to sunset soon. This could affect how much of your estate is taxed after your death.
• Life Events: Have you gotten married, divorced, had children, or lost a loved one? Any major life change is a good reason to update your plan.
• New State Regulations: South Carolina lawmakers have continued to make updates that impact probate procedures and how property is titled.
• Digital Assets: Many people now hold cryptocurrency or online accounts with value. Planning for digital assets is more important than ever.

Common Documents to Review or Create

If you have an older plan or none at all, here are some important documents to consider:

• Last Will and Testament: Directs where your assets go and names guardians for minor children.
• Living Trust: Allows you to transfer assets without going through probate, which can be helpful for larger estates.
• Durable Power of Attorney: Appoints someone to handle your finances if you’re unable to.
• Healthcare Power of Attorney and Living Will: These let you decide who will make medical decisions on your behalf and what kind of treatment you want.

South Carolina Estate Planning Review: What to Watch For

In South Carolina, many property transfers must go through probate unless you plan ahead. By using tools like joint ownership, beneficiary designations, and revocable living trusts, you can keep your estate out of court. Make sure your property titles and accounts are structured in a way that supports your wishes.

Also, South Carolina law allows you to choose who will serve as your personal representative. This is the person who will carry out the terms of your will. Picking the right person is key to ensuring everything goes smoothly.

When to Talk to an Attorney

Even if your situation seems simple, it’s always a good idea to sit down with a local estate planning attorney. A lawyer can spot issues you might not think about and make sure your documents follow South Carolina law. For example, if you own property in another state, have a blended family, or want to set up a trust, a lawyer can guide you through the process.

Your attorney can also help you update older documents to reflect new laws or personal changes. What worked five or ten years ago might not be the best option today.

Why Now Is the Best Time to Act

Estate planning isn’t just for the wealthy. It’s for anyone who wants to make things easier for their loved ones. By tackling it now, you’re giving your family the gift of clarity, guidance, and reduced stress during difficult times.

Even if nothing major has changed in your life, reviewing your plan regularly helps ensure it still works for your goals. If you live in South Carolina or have property here, working with a local attorney can make a big difference.

If you’d like a no-obligation consultation with a local community lawyer who stays on top of the latest South Carolina law changes, contact Winslow Law today.

Winslow Law—Committed counselors for our clients and community.

FAQs

1. How often should I update my estate plan in South Carolina?

It’s a good idea to review your estate plan every three to five years, or sooner if you experience a major life change. Marriage, divorce, new children, or a change in assets are all reasons to sit down with your attorney and go over your documents.

2. What happens if I die without a will in South Carolina?

If you pass away without a will, your assets will be distributed according to South Carolina’s intestacy laws. This means the court decides who inherits your property, which might not match your personal wishes. It also takes longer and adds stress for your family.

3. Can I write my own will in South Carolina?

Yes, South Carolina allows residents to write their own wills. However, DIY wills often miss important legal details. Mistakes or unclear language can cause confusion, delays, or even lawsuits. That’s why it’s safer to work with an experienced estate planning attorney.