State-Specific Legal Forms

South Carolina quitclaim deeds must be signed by the grantor, witnessed by two persons, and acknowledged before a notary; the deed is recorded in the Register of Deeds (RMC) of the county where the property lies. Deed recording fee applies based on consideration.

South Carolina has adopted the Uniform Power of Attorney Act; powers of attorney must be signed by the principal, acknowledged before a notary, and witnessed by two persons. Recording is required if used for real estate transactions.

South Carolina requires a will to be in writing, signed by the testator, and witnessed by two competent persons. Holographic wills are not recognized. A self-proving affidavit allows the will to be admitted to probate without witness testimony.

South Carolina's Death With Dignity Act allows competent adults to execute a Declaration of a Desire for a Natural Death; the document must be signed by the declarant and two witnesses (with restrictions on who may witness) and notarized.

South Carolina's Uniform Limited Liability Company Act permits members to adopt an operating agreement that may be oral, written, or implied; written agreements are strongly recommended and not filed with the Secretary of State.

South Carolina's Residential Landlord and Tenant Act governs leases; security deposits have no statutory cap but must be returned within 30 days of termination with an itemized statement of any deductions.

South Carolina landlords must give a 5-day notice to pay rent or quit (which can be a one-time annual notice in the lease), a 14-day notice for lease violations, and a 30-day notice for month-to-month termination.

South Carolina Magistrate Court hears civil claims up to $7,500; attorneys are permitted, and proceedings are informal. Either party may appeal to the Court of Common Pleas.

South Carolina requires one year of residency before filing for divorce; the state recognizes one no-fault ground (one year continuous separation) and four fault grounds. Family Court has jurisdiction.

South Carolina adults file a name change petition in Family Court; SLED (State Law Enforcement Division) and DSS background checks are required, and the court issues an order after a hearing.

South Carolina general warranty deeds convey title with full covenants; the deed must be signed by the grantor, witnessed by two persons, and acknowledged before a notary before recording with the Register of Deeds.

South Carolina requires a bill of sale for vehicle transfers and recommends one for high-value personal property; the SCDMV Form 4031 is used for vehicles, and notarization is recommended though not required.

South Carolina enforces prenuptial agreements that are voluntarily executed with full financial disclosure; agreements must be in writing and signed before marriage, and unconscionable terms may be set aside.

South Carolina allows landlords to charge non-refundable application fees for credit and background checks; the Fair Housing Act prohibits discrimination based on protected classes.

South Carolina demand letters are pre-litigation tools used to demand payment, performance, or cure of a breach; not statutorily required but commonly used and may be required by certain consumer protection statutes.

South Carolina Rule 4 of the Rules of Civil Procedure requires proof of service for legal documents; affidavits of service must be signed by the server and notarized, and filed with the court.

South Carolina promissory notes are governed by the UCC; the legal interest rate is 8.75% (2024), and judgment rate is the prime rate plus 4 percentage points. Usury limits apply to consumer loans.

South Carolina enforces NDAs that protect legitimate confidential business information; the Trade Secrets Act provides additional remedies for misappropriation, and courts disfavor overly broad agreements.

South Carolina enforces non-competes that are supported by valuable consideration, reasonable in time and geography, necessary to protect legitimate business interests, and not against public policy. Courts apply strict scrutiny.

South Carolina permits modification of child support upon a substantial change in circumstances; petitions are filed in Family Court using state guidelines. DSS Child Support Services may also pursue modifications.