How to Make a Valid Will in South Carolina
South Carolina has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in SC.
South Carolina Will Requirements at a Glance
Who Can Make a Will in South Carolina?
You must be at least 18 years old to make a will in South Carolina. No statutory exceptions for minors. The testator must be of sound mind (S.C. Code § 62-2-501)
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's conscious presence and by the testator's direction (S.C. Code § 62-2-502).
Witness Requirements in South Carolina
South Carolina requires 2 witnesses. Must be competent witnesses. Each witness must sign within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will.
Interested witnesses: An interested witness does not invalidate the will (S.C. Code § 62-2-505)
Notarization in South Carolina
Notarization is not required for a will to be valid in South Carolina. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
South Carolina allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (S.C. Code § 62-2-504)
Handwritten (Holographic) Wills
South Carolina does not recognize holographic wills. Holographic wills are not recognized in South Carolina
Electronic Wills
South Carolina does not currently recognize electronic wills. South Carolina does not currently have an electronic wills statute
How to Revoke a Will in South Carolina
In South Carolina, a will can be revoked by:
- •Executing a subsequent will that revokes the prior will expressly or by inconsistency
- •Performing a revocatory act (burning, tearing, canceling, obliterating, or destroying) by the testator or by another in the testator's conscious presence and at their direction
S.C. Code § 62-2-507
Special Provisions in South Carolina
South Carolina is a separate property/common law state. Surviving spouse has an elective share of one-third of the probate estate (S.C. Code § 62-2-201). South Carolina adopted the Uniform Probate Code
Relevant South Carolina Statutes
- S.C. Code § 62-2-501 (Who may make a will)
- S.C. Code § 62-2-502 (Execution of wills)
- S.C. Code § 62-2-504 (Self-proved wills)
- S.C. Code § 62-2-505 (Interested witnesses)
- S.C. Code § 62-2-507 (Revocation)
- S.C. Code § 62-2-201 (Elective share)
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