State requirements
Making a will in South Carolina
South Carolina lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
South Carolina adopted the Uniform Probate Code (UPC). South Carolina does NOT recognize holographic wills. South Carolina is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | S.C. Code § 62-2-501 | 18+ and of sound mind |
| Execution Requirements | S.C. Code § 62-2-502 | Written, signed, 2 witnesses |
| Self-Proving | S.C. Code § 62-2-503 | Available with affidavit |
| Elective Share | S.C. Code § 62-2-201 | 1/3 of probate estate |
Execution Requirements
SOUTH CAROLINA WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more competent witnesses
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
Elective Share
SOUTH CAROLINA ELECTIVE SHARE:
- 1/3 of probate estate
- Does NOT include non-probate transfers (narrower than UPC default)
- Must elect within 8 months of death
Self-Proving Affidavit
South Carolina allows self-proving wills under S.C. Code § 62-2-503.
Checklist for South Carolina Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 competent witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
South Carolina will questions, answered
Can I make a will online in South Carolina?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check South Carolina requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in South Carolina?
South Carolina requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does South Carolina require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular South Carolina document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in South Carolina?
No. South Carolina does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in South Carolina?
South Carolina sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current South Carolina source above and get local help for your circumstances.
Keep reading
All guides →Your South Carolina wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about South Carolina law, not legal advice. Statutes change — verify current requirements or consult a licensed South Carolina attorney for complex situations.