Last Will And Testament requirements in South Carolina
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or handwritten).
- You must sign the will in the presence of at least two witnesses.
- The witnesses must be at least 18 years old and sign the will in your presence.
- A notary public is not strictly required for a will to be valid, but notarization is recommended to simplify the probate process.
- You should name an executor to manage your estate.
How to create a Last Will And Testament in South Carolina
- List all your assets and decide who should inherit them.
- Choose an executor you trust to carry out your wishes.
- Draft your will, either using a template or with an attorney's help.
- Sign your will in front of two witnesses who are not beneficiaries.
- Have your will notarized (optional but helpful).
- Store your will in a safe place and tell your executor where it is.
What a Last Will And Testament typically costs
Creating a will in South Carolina can vary in cost. Using an online template may cost as little as $20-$100. Hiring an attorney typically ranges from $300 to $1,000 depending on complexity. The peace of mind is well worth the investment.
Take the first step today and create your last will and testament to protect what matters most.
Create your last will and testamentBefore You Begin: SC Will Checklist
Get your South Carolina will right the first time by gathering these items and knowing the state's execution rules.
- List all assets (real estate, bank accounts, investments, personal property) and decide who gets what.
- Name an executor and a backup executor—someone you trust to handle your estate in SC.
- Decide guardians for minor children, if applicable, and discuss this with them first.
- Understand SC's execution rules: you must sign in the presence of at least two witnesses, who also sign; notarization is recommended (self-proving affidavit) but not required.
- Have a valid photo ID for yourself and your witnesses, as some banks or notaries may require it.
- Store the signed original somewhere safe (like a fireproof box or with your attorney) and tell your executor where it is.
Frequently asked questions
What is the difference between a last will and testament and a living will?
A last will and testament deals with the distribution of your property after death. A living will (or advance directive) states your wishes for medical care if you become unable to communicate them. Both are important parts of estate planning.
Do I need an attorney to write a will in South Carolina?
No, you can write your own will using a template. However, an attorney can help ensure it meets all legal requirements and avoid costly mistakes, especially for complex estates.
Can I name guardians for my children in my will?
Yes, you can name a guardian for minor children in your will. This is one of the most important reasons to have a will if you have children.
What happens if I die without a will in South Carolina?
If you die without a will, your assets will be distributed according to state intestacy laws. This may not match your wishes, and the process can be more complicated for your loved ones.