How to Make a Will in South Carolina (2026 Guide)

A will made in South Carolina must be signed by you and by 2 witnesses to be valid. Yes (S.C. Code Ann. § 62-2-503). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free South Carolina will covers, generated from the same rules.

Make my free South Carolina will

South Carolina will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	S.C. Code Ann. § 62-2-502
Financial POA statute	S.C. Code Ann. § 62-8-101 et seq. (South Carolina Uniform Power of Attorney Act, 2017)
Healthcare directive statute	S.C. Code Ann. § 62-5-504 (health care power of attorney; form at § 62-5-504(D)) and § 44-77-10 et seq. (Death with Dignity Act; declaration form at § 44-77-50)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's direction), and signed by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (S.C. Code Ann. § 62-2-502). Use adult witnesses who take nothing under the will: South Carolina does not invalidate the will, but a gift to a subscribing witness (or the witness's spouse) is void beyond the witness's intestate share unless the will is also attested by two other disinterested witnesses (S.C. Code Ann. § 62-2-504). Witnesses need not sign in each other's presence, but signing together in one sitting is the safest practice.

Do you need a notary in South Carolina?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (S.C. Code Ann. § 62-2-503). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in South Carolina

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's direction), and signed by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (S.C. Code Ann. § 62-2-502). Use adult witnesses who take nothing under the will: South Carolina does not invalidate the will, but a gift to a subscribing witness (or the witness's spouse) is void beyond the witness's intestate share unless the will is also attested by two other disinterested witnesses (S.C. Code Ann. § 62-2-504). Witnesses need not sign in each other's presence, but signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (S.C. Code Ann. § 62-2-503). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. South Carolina allows a testator (or the testator's agent) to deposit a will with the probate court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (S.C. Code Ann. § 62-2-901). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-third of the decedent's probate estate (S.C. Code Ann. §§ 62-2-201 to 62-2-207); the elective share is computed on the probate estate only, so assets passing outside probate are not included. The spouse also receives an exempt property allowance of $25,000 (S.C. Code Ann. § 62-2-401).

Homestead

No special restriction on devising a homestead by will; South Carolina's homestead exemption from creditors is in S.C. Code Ann. § 15-41-30, and the spouse receives exempt property (S.C. Code Ann. § 62-2-401).

If you die without a will in South Carolina

If you die without a will in South Carolina, your spouse takes everything if you leave no issue. If you leave issue, the spouse takes half and your issue take the other half, regardless of whether they are also the spouse's (S.C. Code Ann. §§ 62-2-102, 62-2-103). With no spouse, everything passes to issue, then parents, then siblings and their issue. More on intestacy.

Other estate-planning documents in South Carolina

• Durable financial power of attorney: S.C. Code Ann. § 62-8-101 et seq. (South Carolina Uniform Power of Attorney Act, 2017). A power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) with the same formalities as a will — before two witnesses — and the signature must be acknowledged before a notary public (S.C. Code Ann. § 62-8-105). The witnesses should not be the agent. Record it with the register of deeds of the county where any real estate is located before using it for real estate (S.C. Code Ann. § 62-8-105(B)).
• Advance healthcare directive: S.C. Code Ann. § 62-5-504 (health care power of attorney; form at § 62-5-504(D)) and § 44-77-10 et seq. (Death with Dignity Act; declaration form at § 44-77-50). A health care power of attorney must be signed by the principal in the presence of two witnesses, who also sign, and South Carolina practice is to have it notarized as well; a witness may not be related to the principal by blood, marriage or adoption, entitled to any part of the estate, a claimant against the estate, the appointed agent, the attending physician or an employee, or an employee of the facility where the principal is a patient, and only one witness may be an employee of a health facility (S.C. Code Ann. § 62-5-504(C)). The statute directs that the power be in substantially the statutory form. A Death with Dignity Act declaration must be signed before two witnesses with the same restrictions AND a notary public (S.C. Code Ann. § 44-77-40).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (S.C. Code Ann. § 62-2-512).

South Carolina notes

• South Carolina's living will (Death with Dignity Act declaration) requires both two witnesses and a notary (S.C. Code Ann. § 44-77-40); sign the health care power of attorney the same way.
• South Carolina does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in South Carolina?

South Carolina requires 2 witnesses (S.C. Code Ann. § 62-2-502). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's direction), and signed by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (S.C. Code Ann. § 62-2-502). Use adult witnesses who take nothing under the will: South Carolina does not invalidate the will, but a gift to a subscribing witness (or the witness's spouse) is void beyond the witness's intestate share unless the will is also attested by two other disinterested witnesses (S.C. Code Ann. § 62-2-504). Witnesses need not sign in each other's presence, but signing together in one sitting is the safest practice.

Does a will need to be notarized in South Carolina?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does South Carolina have a self-proving affidavit?

Yes (S.C. Code Ann. § 62-2-503). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in South Carolina?

South Carolina does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in South Carolina?

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-third of the decedent's probate estate (S.C. Code Ann. §§ 62-2-201 to 62-2-207); the elective share is computed on the probate estate only, so assets passing outside probate are not included. The spouse also receives an exempt property allowance of $25,000 (S.C. Code Ann. § 62-2-401).

What happens if I die without a will in South Carolina?

If you die without a will in South Carolina, your spouse takes everything if you leave no issue. If you leave issue, the spouse takes half and your issue take the other half, regardless of whether they are also the spouse's (S.C. Code Ann. §§ 62-2-102, 62-2-103). With no spouse, everything passes to issue, then parents, then siblings and their issue.

Is a no-contest clause enforceable in South Carolina?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (S.C. Code Ann. §§ 62-2-517, 62-3-905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.