Last Will and Testament in South Carolina
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What South Carolina law says
| 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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| 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 |
| 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. |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · South Carolina tenant rights
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.