State requirements
Making a will in South Carolina
South Carolina requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
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?
Yes. South Carolina does not require a lawyer to draft a will. A will created online is valid in South Carolina when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in South Carolina?
South Carolina requires 2 adult 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?
No. Witnesses make a will valid in South Carolina, not a notary. 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?
A valid South Carolina will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This 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.