SC · Will Requirements
Will Requirements in South Carolina (2026)
A will in South Carolina requires 2 witnesses and does not require notarization. You must be at least 18 years old and of sound mind. South Carolina does not accept handwritten (holographic) wills, and electronic wills are not valid here. A self-proving affidavit is available: your witnesses sign a sworn statement before a notary, and the will can then be admitted to probate without them appearing in court. Will execution is governed by S.C. Code §62-2-502.
Here's what South Carolina says you need to make your last wishes actually count. Spoiler: it's not as bad as you think.
What does a valid will in South Carolina require?
| Requirement | South Carolina rule |
|---|---|
| Witnesses required | 2 |
| Notarization | Not required |
| Minimum age | 18 years old |
| Handwritten (holographic) wills | Not recognized |
| Electronic wills | Not recognized |
| Self-proving affidavit | Available |
| Governing statute | S.C. Code §62-2-502 |
| Probate threshold | $25,000 |
| Property system | Common law |
| State estate tax | No |
| State inheritance tax | No |
How do you make a will legally valid in South Carolina?
- Be at least 18 and of sound mind.
- Put it in writing and sign it yourself.
- Have 2 witnesses watch you sign, then have them sign the will too. Don't pick someone who inherits under it.
- A notary isn't required in South Carolina, but one is worth finding anyway.
- Attach a self-proving affidavit so your witnesses never have to show up in probate court.
So you’ve decided to finally write a will in South Carolina. Congratulations on acknowledging your own mortality. Most people can’t even manage that. Here’s what SC law requires to make sure your last wishes actually hold up in court instead of becoming an expensive piece of creative writing.
The basic requirements
South Carolina requires 2 witnesses to make your will valid. Good news: South Carolina doesn’t require a notary for your will, though getting one makes it self-proving and saves your executor a headache later. You must be at least 18 years old and of sound mind, though if you’ve been putting this off for years, the “sound mind” part is debatable.
South Carolina supports self-proving affidavits, which means if you get your witnesses to sign a sworn statement with a notary, they won’t have to show up in court later to confirm they watched you sign. Future-you’s executor will thank present-you.
Handwritten and electronic wills
South Carolina does NOT accept holographic (handwritten) wills, so put down the napkin and the crayon. Electronic wills aren’t recognized in South Carolina yet, so you’ll need actual paper like it’s 1995.
What South Carolina law says about your stuff
Under S.C. Code §62-2-502, if you die without a will in South Carolina, your assets get distributed according to intestacy laws, basically, the state’s default settings for dead people. These defaults rarely match what anyone actually wants.
The bottom line
A valid will in South Carolina isn’t complicated, but it does need to follow the rules. 2 witnesses, your signature, and a clear head. Skip any of these and you might as well not bother, your family will be stuck in probate court arguing about who gets the good china while lawyers bill $300 an hour to watch.
How much does a will cost in South Carolina?
An attorney in South Carolina averages $800 (range $500-1500). Killswitch charges $69, once, with no subscription.
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What else do people ask about wills in South Carolina?
How many witnesses do I need for a will in South Carolina?
South Carolina requires 2 witnesses for a valid will. They need to be competent adults who watch you sign and then sign the will themselves. Pro tip: don't pick someone who's inheriting, that's a conflict of interest that could invalidate their share.
Does South Carolina require a notary for wills?
No, South Carolina doesn't require a notary for your will to be valid. However, getting a notarized self-proving affidavit means your witnesses won't have to testify in court later, worth the extra step.
Are handwritten wills valid in South Carolina?
No, South Carolina does not recognize holographic (handwritten) wills. Your will needs to be typed and properly witnessed to be valid.
What is the minimum age to make a will in South Carolina?
You must be at least 18 years old to make a will in South Carolina. If you're 18 and already thinking about your will, you're either incredibly responsible or having a really rough week.
What other South Carolina documents do you need?
Do you need a South Carolina power of attorney?
South Carolina POAs are durable by default. Notarization required.
What does estate planning in South Carolina cover?
Everything SC residents need to know about estate planning, without the lawyer-speak or the $800 attorney bill.
Do you need a South Carolina healthcare directive?
South Carolina requires 2 witnesses for healthcare directives. Notarization is required.
How do the rules compare in nearby states?
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Look, we're not lawyers (we're way more fun at parties). This is educational content about South Carolina laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
