South Carolina wills

How to make a will in South Carolina

What South Carolina law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.

South Carolina will requirements at a glance

Who can make a willAnyone 18 or older and of sound mind
WitnessesTwo adult witnesses
Notary instead of witnessesNo
A beneficiary as witnessDon't use one (see below)
Handwritten (holographic) willsNot valid
Self-proving affidavitAvailable, with a form in state law
Electronic willsNot allowed
Witnesses by live videoNo; witnesses must be present
Online notarization for willsNo
File your will with the court while livingNo
State estate or inheritance taxNone

How to sign a will in South Carolina

  1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
  2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
  3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
  4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (S.C. Code 62-2-503 (testator plus at least one witness before an officer; a witness who is a notary may notarize the other witness's signature))
  5. Store the original safely and tell your executor where it is.

Who can make a will

Anyone 18 or older and of sound mind. A person under 18 who is married or emancipated by family court decree is not a 'minor' and may make a will (S.C. Code 62-2-501; 62-1-201(27)).

Witness rules

At least two individuals must sign, each of whom witnessed either the testator's signing or the testator's acknowledgment of the signature or of the will. The statute does not say the witnesses must sign in the testator's or each other's presence (S.C. Code 62-2-502).

If a witness inherits: A gift to a witness (or the witness's spouse or issue) is void to the extent it exceeds their intestate share, unless two other disinterested witnesses signed (S.C. Code 62-2-504).

Handwritten wills

Not recognized for wills executed under S.C. law. A will valid where it was executed or where the testator was domiciled is honored (62-2-502, 62-2-505).

Self-proving affidavit

South Carolina lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (S.C. Code 62-2-503 (testator plus at least one witness before an officer; a witness who is a notary may notarize the other witness's signature))

Can I sign my will online in South Carolina?

No. No South Carolina statute authorizes electronic wills or remote witnessing.

Print your will and sign it on paper with your witnesses in the same room.

Online notarization: South Carolina allows in-person electronic notarization only, not remote online notarization. (S.C. Code 26-1-5(13) and 26-2-50 require the signer to be in the notary's physical presence, including for electronic notarization)

Good to know in South Carolina

Only one witness (with the testator) needs to swear the self-proving affidavit, and a witness who is a notary may notarize the other witness (62-2-503(c)). No lifetime court-deposit statute was found; 62-2-901 covers delivery of the will to the probate judge after death.

Estate and inheritance taxes

South Carolina has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

South Carolina will questions

Does a will need to be notarized in South Carolina?

No. Two witnesses make a South Carolina will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in South Carolina?

Not recognized for wills executed under S.C. law. A will valid where it was executed or where the testator was domiciled is honored (62-2-502, 62-2-505).

Can a beneficiary witness a will in South Carolina?

A gift to a witness (or the witness's spouse or issue) is void to the extent it exceeds their intestate share, unless two other disinterested witnesses signed (S.C. Code 62-2-504).

Can I make a will online in South Carolina?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. South Carolina doesn't allow electronic wills, so the will must be signed on paper.

Does South Carolina have an estate or inheritance tax?

South Carolina has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against South Carolina statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a South Carolina attorney.

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