✓ Verified June 2026
This guide covers South Carolina estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from South Carolina law, verified as of June 2026.
In This South Carolina Guide:
South Carolina Will Requirements at a Glance
Here are the exact rules for making a valid will in South Carolina:
| Minimum age to make a will | 18 |
| Witnesses required | 2 |
| Notarization required | NO — notarization is not required for a valid will in South Carolina. However, notarization is needed if you want to attach a self-proving affidavit under S.C. Code § 62-2-503, which simplifies the probate process by eliminating the need for witnesses to testify in court. |
| Handwritten (holographic) will allowed | NO — South Carolina does not recognize holographic (handwritten, unwitnessed) wills. A handwritten will may be valid only if it meets all standard execution requirements, including being signed by at least two witnesses (S.C. Code § 62-2-502). |
| Self-proving affidavit available | YES — under S.C. Code § 62-2-503, a will may be made self-proving by attaching an affidavit signed by the testator and acknowledged before an officer authorized to administer oaths (typically a notary public), along with the affidavit of at least one attesting witness, also made before a notary. A self-proving will may be admitted to probate without requiring witness testimony in court, subject to rebuttal in a contested proceeding. |
| Statutory will form | NO — South Carolina does not provide an official statutory fill-in-the-blank will form. You may draft your own will or work with a licensed attorney to ensure it meets all execution requirements under S.C. Code § 62-2-502. |
What a South Carolina Will Does (and Doesn’t Do)
A South Carolina will allows you to name a personal representative (executor) to manage your estate, name a guardian for minor children, direct how your probate assets are distributed among beneficiaries, create testamentary trusts, and make specific bequests of property.
What a South Carolina will does NOT control: A South Carolina will does not control assets that pass outside of probate, including life insurance proceeds with named beneficiaries, retirement accounts (401(k), IRA) with named beneficiaries, payable-on-death (POD) or transfer-on-death (TOD) accounts, property held in joint tenancy with right of survivorship, and assets already placed in a living trust.
Oral wills in South Carolina: NO — South Carolina does not recognize oral (nuncupative) wills. Verbal statements about asset distribution have no legal effect under South Carolina law.
How to Update or Revoke a South Carolina Will
A South Carolina will may be amended by executing a codicil, which is a separate document that modifies specific provisions while leaving the rest of the will intact. A codicil must be executed with the same formalities as the original will — signed by the testator and attested by at least two witnesses.
A will may be revoked entirely by executing a subsequent will that expressly revokes it or is inconsistent with the prior will, or by a revocatory act such as burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it (S.C. Code § 62-2-507). Divorce or annulment automatically revokes provisions in favor of the former spouse unless the will expressly states otherwise.
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Other South Carolina will-making rules: South Carolina follows a modified version of the Uniform Probate Code (Title 62 of the South Carolina Code of Laws). Under S.C. Code § 62-2-504, if a witness to the will is also a beneficiary, the bequest to that witness may be void unless there are at least two other disinterested witnesses who also signed the will.
The testator may sign the will personally or direct another person to sign on the testator’s behalf, provided the substitute signs in the testator’s conscious presence and at the testator’s direction.
South Carolina has an elective share statute that allows a surviving spouse to claim a portion of the estate regardless of what the will provides — check with a licensed attorney or the probate court for current elective share percentages and requirements.
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Understanding South Carolina Estate Planning
Getting started with South Carolina estate planning is the single best gift you can give your family. A valid South Carolina will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into South Carolina estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of South Carolina estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official South Carolina Sources & Resources
- South Carolina Court Self-Help: https://www.sccourts.org/courts/trial-courts/probate-court/
- South Carolina Wills Statute: https://www.scstatehouse.gov/code/t62c002.php
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This South Carolina will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More South Carolina Wills & Probate Guides
- South Carolina Probate Process
- Dying Without a Will in South Carolina
- South Carolina Estate & Inheritance Tax
- South Carolina Small Estate Affidavit
- South Carolina Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.