How do I make a valid will in South Carolina?

South Carolina wills are governed by S.C. Code Title 62 (Probate Code), Article 2.

1. Testator Requirements

Age: 18 or older (S.C. Code § 62-2-501).

Capacity: Sound mind.

2. Witness Requirements (S.C. Code § 62-2-502)

In writing.

Signed by the testator (or in the testator's name by some other person in the testator's presence and by the testator's direction).

Signed by at least 2 individuals, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will.

3. Notarization

Not required for validity. A self-proving affidavit (S.C. Code § 62-2-503) executed before a notary by the testator and witnesses makes the will self-proved.

4. Holographic Wills NOT Recognized

South Carolina does not recognize holographic wills executed in South Carolina. A will entirely in the testator's handwriting must still be witnessed by 2 witnesses to be valid.

5. Foreign Wills

A will valid under the law of the place where executed or where the testator was domiciled is recognized (S.C. Code § 62-2-506).

6. Interested Witnesses

South Carolina abolished the interested-witness rule (S.C. Code § 62-2-504) — a beneficiary may witness without losing the gift.

7. Intestacy (No Will)

S.C. Code § 62-2-102: Spouse + no children — spouse takes all. Spouse + descendants — spouse takes 1/2 and descendants take 1/2 per stirpes.

8. Small Estate Threshold

South Carolina's small estate procedure (S.C. Code § 62-3-1201) is available for estates with personal property value not exceeding $25,000, after a 30-day waiting period.

9. Probate Court

South Carolina has a separate Probate Court in each county that handles wills, estates, and incapacity matters. Filing fees are based on estate value.

This is legal information, not legal advice.