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South Carolina Last Will and Testament

South Carolina requires 2 witnesses to sign a valid will and does not recognize handwritten (holographic) wills. Free template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called your personal representative (sometimes called an executor), who will administer your estate. It can also name a guardian for your minor children. In South Carolina, S.C. Code Ann. Section 62-2-502 requires your will to be in writing, signed by you, and signed by at least two witnesses who watched you sign or acknowledge the will. A witness is not disqualified simply because they are also a beneficiary, but under Section 62-2-504 an interested witness's own gift can be reduced to the extent it exceeds what they would have received without a will, so it is safer to use disinterested witnesses. South Carolina also recognizes a self-proving affidavit under Section 62-2-503, a sworn statement by you and at least one witness taken before a notary public, which can let your will skip live witness testimony at probate. That affidavit is the only part of the process that involves a notary; the will itself is validated by witnesses, not a notary. South Carolina does not recognize holographic (handwritten, unwitnessed) wills. You must be at least 18, or married or emancipated by the family court, and of sound mind under Section 62-2-501. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the personal representative who will administer your estate after you die. It can also name a guardian for your minor children.

  2. 2

    South Carolina requires two witnesses to sign your will. Under S.C. Code Ann. Section 62-2-502, at least two individuals must witness your signing or your acknowledgment of the will. A witness is not disqualified merely because they are also a beneficiary, but under Section 62-2-504 an interested witness's own gift is void to the extent it exceeds their intestate share, unless two other disinterested witnesses also attest. Using disinterested witnesses avoids the issue entirely.

  3. 3

    A self-proving affidavit is available and recommended. Under S.C. Code Ann. Section 62-2-503, you and at least one witness sign a sworn statement before a notary public, which lets your will be admitted to probate without needing to locate a witness to testify later.

  4. 4

    South Carolina does not recognize holographic (handwritten, unwitnessed) wills. Every will must be signed by at least two witnesses under Section 62-2-502; South Carolina's Probate Code has no holographic-will exception, so an unwitnessed handwritten will is not valid here even if entirely in your own handwriting.

  5. 5

    The will itself does not need a notary. South Carolina law requires two witnesses to sign your will, not a notary public. A notary is involved only if you add the optional self-proving affidavit described above.

  6. 6

    You must be at least 18 to make a will in South Carolina, unless you are married or have been emancipated by the family court while under 18. You must also be of sound mind, per S.C. Code Ann. Section 62-2-501.

  7. 7

    You can revoke a South Carolina will by executing a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, or destroying it with intent to revoke (S.C. Code Ann. Section 62-2-506). Divorce or annulment automatically revokes provisions favoring a former spouse (Section 62-2-507).

Key decisions before you file

Before you file a Last Will and Testament in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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SOUTH CAROLINA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, South Carolina, being of sound mind and at least 18 years of age (or married or emancipated by the family court), declare this to be my Last Will and Testament, and I revoke all prior wills and codicils that I have previously made.

  2. PERSONAL REPRESENTATIVE APPOINTMENT I appoint [NAME] as the Personal Representative (executor) of my estate. If [NAME] is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor Personal Representative. I direct that no bond be required of my Personal Representative unless a court determines one is necessary.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here: describe each item of property or sum of money and name the beneficiary who receives it. If you have minor children, you may also use this section to nominate a guardian to raise them if their other parent cannot.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located and not otherwise disposed of by this Will, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION I signed this Will on [DATE], in the presence of the two witnesses below, who at my request and in my presence signed as witnesses. South Carolina requires at least two witnesses to a will under S.C. Code Ann. Section 62-2-502; each witness must have watched my signing or my acknowledgment of the signature or the will. A witness should not also be a beneficiary under this Will, since an interested witness's own gift can be reduced under Section 62-2-504 unless two other disinterested witnesses also attest.

  6. SELF-PROVING AFFIDAVIT (OPTIONAL) Signed before a notary public under S.C. Code Ann. Section 62-2-503. This affidavit is optional but recommended. State of South Carolina, County of [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, state that the testator signed this Will as a free and voluntary act for the purposes expressed in it, and that each witness signed in the presence of the testator and of each other, at the testator's request, believing the testator to be of sound mind.

[TESTATOR NAME], Testator

Sworn to and acknowledged before me by [TESTATOR NAME], and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, on [DATE].

Notary Public, State of South Carolina My Commission Expires: [DATE]

SIGNATURES

[TESTATOR NAME], Testator, [ADDRESS]

WITNESSES

[WITNESS 1 NAME], Witness Signature, [ADDRESS]

[WITNESS 2 NAME], Witness Signature, [ADDRESS]

Note: This is a South Carolina skeleton governed by the South Carolina Probate Code, S.C. Code Ann. Title 62, Article 2. A beneficiary under this Will should not also serve as a witness; South Carolina's interested-witness rule at Section 62-2-504 can void that witness's own gift to the extent it exceeds their intestate share, unless two other disinterested witnesses also attest. Divorce or annulment automatically revokes any provision in this Will favoring a former spouse under Section 62-2-507, so review this Will after a major life change. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in South Carolina in about a minute, and notarize it online through DocDraft if it does.

South Carolina Requirements for Last Will and Testament

Sign With Two Witnesses

South Carolina requires your will to be signed by at least two individuals, each of whom witnessed your signing or your acknowledgment of the signature or the will (S.C. Code Ann. Section 62-2-502). The witnesses need not sign in your presence, but they must have observed the signing or acknowledgment described in the statute.

Avoid Interested Witnesses

A witness who is also a beneficiary is not disqualified from witnessing your will, but under S.C. Code Ann. Section 62-2-504 that witness's own gift is void to the extent it exceeds what they would have received had you died without a will, unless two other disinterested witnesses also attest. Choose witnesses who are not beneficiaries to avoid the issue entirely.

Consider a Self-Proving Affidavit

South Carolina lets you make your will self-proved with an affidavit signed by you and at least one witness before a notary public, under S.C. Code Ann. Section 62-2-503. A self-proved will can be admitted to probate without locating a witness to testify. This affidavit is optional and is the only part of the process that involves a notary.

Holographic Wills Are Not Valid

South Carolina's Probate Code contains no holographic-will provision. S.C. Code Ann. Section 62-2-502 requires every will to be signed by at least two witnesses, so an unwitnessed, entirely handwritten will is not valid in South Carolina.

No Notary Required for the Will Itself

South Carolina validates a will through two witnesses under S.C. Code Ann. Section 62-2-502, not through a notary public. A notary is needed only if you add the optional self-proving affidavit under Section 62-2-503.

Meet the Minimum Age and Capacity Standard

You must be at least 18 to make a will in South Carolina, unless you are married or have been emancipated by the family court while under 18, and you must be of sound mind, per S.C. Code Ann. Section 62-2-501, with "minor" defined in Section 62-1-201(27).

Know How Revocation Works

You can revoke a South Carolina will by executing a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke, per S.C. Code Ann. Section 62-2-506. Divorce or annulment automatically revokes any provision favoring a former spouse under Section 62-2-507.

Appoint a Personal Representative

Name a Personal Representative (also called an executor) to administer your estate, and consider naming a successor in case your first choice cannot serve. An attestation clause signed by your witnesses, while not required for validity, raises a rebuttable presumption under S.C. Code Ann. Section 62-3-406 that the will was properly executed, which can ease later probate proof.

Does your Last Will and Testament need to be notarized in South Carolina?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

South Carolina requires at least two witnesses. Under S.C. Code Ann. Section 62-2-502, each witness must watch you sign the will or acknowledge your signature or the will itself. A witness is not disqualified for also being a beneficiary, but Section 62-2-504 can void that witness's own gift to the extent it exceeds their intestate share unless two other disinterested witnesses also sign, so it is safest to choose witnesses who do not inherit under the will.

No. A South Carolina will is validated by two witnesses under S.C. Code Ann. Section 62-2-502, not by a notary public. A notary comes into play only if you choose to add the optional self-proving affidavit under Section 62-2-503, where you and a witness sign a sworn statement before a notary to simplify probate later.

No. South Carolina's Probate Code does not include a holographic-will provision. Section 62-2-502 requires every will to be in writing, signed by the testator, and signed by at least two witnesses, so an unwitnessed handwritten will, even one written and signed entirely by the testator, is not valid in South Carolina.

Write out your wishes, sign the document, and have at least two witnesses watch you sign or acknowledge the will, per S.C. Code Ann. Section 62-2-502. Name a personal representative to carry out your instructions, and consider adding the optional self-proving affidavit under Section 62-2-503 before a notary public to make probate easier.

Under S.C. Code Ann. Section 62-2-502, a valid will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's direction), and signed by at least two witnesses who watched the signing or the testator's acknowledgment of the signature or the will. The testator must also be at least 18, or married or emancipated, and of sound mind under Section 62-2-501.

A self-proving affidavit is a sworn statement, signed by the testator and at least one witness before a notary public, that lets a South Carolina will be admitted to probate without live witness testimony. It is authorized by S.C. Code Ann. Section 62-2-503 and is optional; it is the only part of the will process that involves a notary.

You must be at least 18 to make a will in South Carolina, unless you are married or have been emancipated by the family court while under 18, per S.C. Code Ann. Section 62-2-501. You must also be of sound mind.

You can revoke a South Carolina will by executing a later will that revokes the earlier one expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with the intent to revoke it, per S.C. Code Ann. Section 62-2-506. Divorce or annulment also automatically revokes any provisions in your will favoring your former spouse, under Section 62-2-507.