Living Trust in South Carolina — Free PDF & Word (2026 Updated)
Manage and distribute assets while avoiding probate
Document Preview
REVOCABLE LIVING TRUST AGREEMENT State of South Carolina This Living Trust Agreement is made on [DATE] by: GRANTOR/TRUSTOR: Name: [YOUR NAME] Address: [ADDRESS], SC [ZIP] TRUSTEE: Name: [TRUSTEE NAME] (may be same as Grantor) Address: [ADDRESS], SC [ZIP] SUCCESSOR TRUSTEE: Name: [SUCCESSOR TRUSTEE NAME] Address: [ADDRESS], SC [ZIP] ARTICLE I — TRUST NAME This trust shall be known as the "[YOUR NAME] Revocable Living Trust." ARTICLE II — TRUST PROPERTY The Grantor transfers the property listed in Schedule A to the Trustee to hold under the terms of this agreement. ARTICLE III — DURING GRANTOR'S LIFETIME The Trustee shall manage trust property for the benefit of the Grantor. The Grantor retains the right to amend, revoke, or terminate this trust at any time. ARTICLE IV — UPON GRANTOR'S INCAPACITY If the Grantor becomes incapacitated, the Successor Trustee shall manage trust assets for the Grantor's benefit. ARTICLE V — UPON GRANTOR'S DEATH Upon death, the Trustee shall distribute trust assets as follows: 1. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION] 2. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION] 3. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION] ARTICLE VI — TRUSTEE POWERS The Trustee shall have full power to invest, sell, lease, and manage trust property in accordance with South Carolina trust law. This trust is governed by the laws of South Carolina (SC Statutes). GRANTOR SIGNATURE: _____________________ DATE: _____ TRUSTEE SIGNATURE: _____________________ DATE: _____ NOTARY: State of South Carolina, County of [COUNTY] Subscribed and sworn before me this ___ day of _______, 20__. Notary Public: _____________________ SCHEDULE A — TRUST PROPERTY: [LIST ALL PROPERTY TRANSFERRED TO TRUST]
South Carolina Living Trust Requirements
Review the following requirements to ensure your Living Trust is legally valid in South Carolina.
South Carolina Notarization
South Carolina requires 2 witnesses and notarization may be mandatory. Fees typically range from $5.
Before You Sign
Review all information carefully. In South Carolina, a 6% sales tax may apply.
Legal Protection
Keep copies of all signed documents. South Carolina law requires all parties to receive copies of executed documents.
South Carolina Filing Deadlines
Check South Carolina deadlines for filing or recording this document with the appropriate county clerk's office.
Living Trust Costs in South Carolina
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | South Carolina standard rate: $5 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in South Carolina |
| Sales Tax | 6% | South Carolina base rate (local taxes may apply) |
| Witness Requirement | 2 witnesses | South Carolina requires multiple witnesses |
| Our Template | FREE | Download instantly, no cost |
FAQ: Living Trust in South Carolina
Is a Living Trust required in South Carolina?
Yes, in South Carolina, a Living Trust is required for most transactions of this type. Under South Carolina State Code, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Living Trust may result in legal complications.
Does a Living Trust need to be notarized in South Carolina?
Notarization requirements in South Carolina (SC) vary by transaction type. Notary fees in the state typically range from $5. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Living Trust in South Carolina?
South Carolina has a base sales tax rate of 6%. Depending on the type of transaction documented in your Living Trust, additional local taxes may apply. Consult with a South Carolina tax professional for specific guidance on your situation.
What is the difference between a living trust and a will?
A living trust avoids probate and takes effect immediately, while a will goes through probate after death. A trust provides privacy (not public record), can manage assets during incapacity, but requires transferring assets into the trust to be effective.
Do I still need a will if I have a living trust?
Yes, a "pour-over" will is recommended to catch any assets not transferred to the trust during your lifetime. The will directs those assets into the trust. You also need a will to name guardians for minor children.
Can I be my own trustee?
Yes, most people serve as their own trustee of their revocable living trust. You maintain full control of your assets during your lifetime. A successor trustee takes over if you become incapacitated or pass away.
Sarah Mitchell, J.D.
Legal Document Specialist
Licensed Attorney, 15+ years experience
Specializes in contract law and legal document preparation
This Living Trust template for South Carolina has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Where to File Your Living Trust in South Carolina
Visit your local County Clerk office to file or notarize your Living Trust.
South Carolina County Clerk
South Carolina Capital
Main Government Building, South Carolina
District County Clerk
South Carolina Metro Area
County Courthouse, SC
South Carolina Living Trust Legal Guide
For residents of South Carolina, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.
South Carolina law (South Carolina State Code) governs this Living Trust. Key financial considerations include a 6% sales tax rate and notary fees of $5. The document requires 2 witnesses and remains valid indefinite.
This professionally drafted form provides peace of mind knowing you're compliant with all South Carolina legal requirements.
Expert Recommendations
Legal professionals in South Carolina recommend:
- Always use a state-specific template compliant with SC statutes
- Have documents reviewed before signing high-value agreements
- File copies with the appropriate South Carolina government office when required
- Update your documents annually to reflect any changes in SC law
Enforceability in South Carolina
A Living Trust that meets all SC requirements is fully enforceable in South Carolina. Courts in South Carolina have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Your South Carolina Filing Guide
After downloading, take your time filling in each section. SC statutes require that all information be accurate and current. Once signed by all parties, determine whether South Carolina requires you to file the document with a government office, record it with the county, or simply retain it for your records.
Legal Standards in South Carolina
Under SC state code, your Living Trust must contain several mandatory elements. South Carolina courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.
A Living Trust that meets all SC requirements is fully enforceable in South Carolina. Courts in South Carolina have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Your South Carolina Filing Guide
After downloading, take your time filling in each section. SC statutes require that all information be accurate and current. Once signed by all parties, determine whether South Carolina requires you to file the document with a government office, record it with the county, or simply retain it for your records.
Legal Standards in South Carolina
Under SC state code, your Living Trust must contain several mandatory elements. South Carolina courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.
Under SC state code, your Living Trust must contain several mandatory elements. South Carolina courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.
Other Forms in South Carolina
Living Trust in Neighboring States
Document Information
- Document
- Living Trust
- State
- South Carolina (SC)
- Category
- Estate Planning
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6%
- Notary Fee
- $5
South Carolina Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in South Carolina may change. Consult a licensed attorney for advice specific to your situation.