Quick answer

If all of your assets are owned in your sole name and your will leaves everything to your daughter, the will can transfer those assets to her — but only through the probate process. Payable‑on‑death (POD) designations for bank accounts, transfer‑on‑death (TOD) or beneficiary deeds for real estate, joint‑owner arrangements, and trust ownership are tools that transfer outside probate. Using POD/TOD or other nonprobate methods can avoid probate delays, court costs, and public filings, but they can also create unintended consequences if they conflict with your will or other plans.

Not legal advice

This article explains basic South Carolina concepts and common options. It is educational only and not legal advice. For a decision that fits your situation, consult a licensed South Carolina attorney.

How wills and nonprobate transfers work in South Carolina

Wills: In South Carolina, a will disposes of property that is in your individual name at your death and that does not pass to others by operation of law or contract. Property you own outright and that has no beneficiary designation or survivorship feature typically must go through probate before your beneficiaries can take possession. See South Carolina probate statutes: South Carolina Code Title 62 (Probate, Estates and Fiduciaries).

Nonprobate transfers: Certain ownership forms or contract terms cause assets to pass immediately (outside probate) to a named beneficiary or surviving owner. Common nonprobate methods include:

• Payable‑on‑death (POD) or “beneficiary” designations on bank or brokerage accounts;
• Transfer‑on‑death (TOD) registration for securities or, in states that allow them, beneficiary deeds for real estate;
• Joint ownership with right of survivorship (for real estate or accounts);
• Assets held in a living trust.

When an asset has a valid POD/TOD designation or survivorship ownership, that asset typically bypasses probate regardless of what the will says. That means a bank account with a valid POD payable to your daughter will go to her directly even if your will leaves that account to someone else.

Why you might still want a POD/TOD even though you have a will

• Avoid probate delays and costs: Probate can take months and involve court fees and attorney fees. POD/TOD transfers move assets faster to the beneficiary.
• Privacy: Probate records are public. Nonprobate transfers usually are not filed in court.
• Simpler administration for small estates: For small accounts, a POD can spare your daughter from having to open a probate estate.

When a will alone is usually enough

If your estate is small, your assets are simple, and you do not mind probate, a will alone can work. Probate provides a supervised legal process that helps clear title, pay creditors, and transfer assets under court oversight.

Potential pitfalls of using POD/TOD or joint ownership

• Conflicting directions: A beneficiary designation or joint survivorship usually overrides the will for that particular asset. If you intend everything to go to your daughter, make sure beneficiary forms and titles are consistent.
• Unintended beneficiaries: An outdated POD/TOD form can leave assets to someone you no longer want to benefit.
• Creditor and Medicaid concerns: Assets that pass outside probate may still be reachable by creditors or affect eligibility for certain public benefits depending on timing and state rules.
• Loss of control: Once you add a beneficiary or place property in joint tenancy or a trust, you should understand how to revoke or change that arrangement according to the bank’s or county recorder’s rules.

Practical checklist (what to do next in South Carolina)

1. Inventory your assets. Note title (sole name, joint, beneficiary) for each bank account, brokerage account, real estate parcel, vehicle, retirement account, and life insurance policy.
2. Check beneficiary designations. Ensure payees on retirement accounts, life insurance, and POD forms reflect your current wishes.
3. Review property deeds. If you want to avoid probate for a house, ask whether South Carolina provides a beneficiary deed option for real estate or whether a trust or joint ownership makes more sense. (See SC Code Title 62 for probate rules: https://www.scstatehouse.gov/code/title62.php.)
4. Confirm bank procedures. Banks have their own POD forms and requirements; a properly completed form usually moves an account outside probate.
5. Coordinate documents. Make sure your will, beneficiary designations, deeds, and any trust language work together. The nonprobate designation for an asset generally controls that asset despite contrary language in a will.
6. Talk to an attorney if you have concerns about creditors, taxes, Medicaid planning, blended families, or complex assets like businesses.

Short hypothetical example

Hypothetical facts: You own a house solely in your name and have a checking account in your name only. Your will leaves all property to your daughter.

Outcome: At your death the bank account and the house must generally pass through probate because they are in your sole name and have no beneficiary designations. If you add a POD beneficiary on the checking account, the account would typically transfer directly to your daughter and avoid probate; similarly, if South Carolina allows a beneficiary deed (or you put the house in a trust or add survivorship title), the house could pass outside probate. Without those steps, your daughter would receive assets through the probate process under your will.

When to consult a South Carolina attorney

Get legal help if you have any of the following: blended family concerns, creditor issues, potential Medicaid eligibility in the near term, out‑of‑state property, business interests, or uncertainty about how to title property or complete beneficiary forms. A local attorney can confirm how South Carolina law applies to your property types and prepare the correct forms to carry out your wishes.

Helpful hints

• Do a title and beneficiary audit annually: banks and institutions sometimes revert to old beneficiary records.
• Remember retirement accounts and life insurance pass by beneficiary form — update them when family changes occur.
• If avoiding probate is important, consider a living trust or carefully use POD/TOD and joint ownership — but understand the tax and creditor tradeoffs.
• When changing deeds (real estate), check county recording rules to make sure the change is effective and does not create unintended tax or gift consequences.
• Keep all instructions and copies of beneficiary designations with your estate planning documents and tell your daughter where to find them.
• Even with POD/TOD forms, prepare a simple will as a backup to catch any assets that still require probate.