How to Make a Valid Will in South Carolina
What South Carolina law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person of sound mind who is not a minor may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's presence and at the testator's direction), and signed by at least two witnesses who saw the signing or the testator's acknowledgment of… S.C. Code §§ 62-2-501, 62-2-502
| Requirements for a valid will | Any person of sound mind who is not a minor may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's presence and at the testator's direction), and signed by at least two witnesses who saw the signing or the testator's acknowledgment of the signature or the will. A will is also valid in South Carolina if it met the law of the place where it was signed or of the testator's home at signing or at death (§ 62-2-505). Source: S.C. Code §§ 62-2-501, 62-2-502 |
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| Handwritten (holographic) wills | South Carolina does not recognize a handwritten, unwitnessed will made in South Carolina; every will needs two witnesses. A handwritten will valid where it was signed (or under the law of the testator's domicile) can be honored under the choice-of-law rule. A separate handwritten list of tangible personal property referred to in a valid will may be used. |
| Self-proving affidavit | A will can be made self-proved when signed, or at any later time, through the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form. A self-proved will can be admitted without testimony from the witnesses. Source: S.C. Code § 62-2-503 |
More South Carolina estate law
- Medical Power of Attorney in South Carolina
- Small Estate Affidavit in South Carolina
- Power of Attorney in South Carolina
- Quitclaim Deeds and Transferring Property in South Carolina
- Who Inherits If You Die Without a Will in South Carolina
- How Probate Works in South Carolina
- Living Wills and Advance Directives in South Carolina
- Revocable Living Trusts in South Carolina
- Executor Duties in South Carolina
- Letters Testamentary in South Carolina
- Affidavit of Heirship in South Carolina
- How to Avoid Probate in South Carolina
- Transferring a Car After Someone Dies in South Carolina
- All South Carolina wills, probate and estate rules
FAQ
What makes a will valid in South Carolina?
Any person of sound mind who is not a minor may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's presence and at the testator's direction), and signed by at least two witnesses who saw the signing or the testator's acknowledgment of the signature or the will.
Is a handwritten will valid in South Carolina?
South Carolina does not recognize a handwritten, unwitnessed will made in South Carolina; every will needs two witnesses. A handwritten will valid where it was signed (or under the law of the testator's domicile) can be honored under the choice-of-law rule. A separate handwritten list of tangible personal property referred to in a valid will may be used.
Does a will need to be notarized in South Carolina?
A will can be made self-proved when signed, or at any later time, through the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form. A self-proved will can be admitted without testimony from the witnesses.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.