What Do I Need to Sign My Will in South Carolina?
Witness, notary, and remote online notarization (RON) requirements for wills in South Carolina.
South Carolina requires 2 witnesses for a willS.C. Code § 62-2-502Verified Oct 19, 2026View source. A witness must be at least 18 years old.
South Carolina does not require notarization for a will to be validS.C. Code § 62-2-502Verified Oct 19, 2026View source. The notary's usual role in South Carolina is the optional self-proving affidavit: a notarized statement signed with the will that lets it enter probate without locating the witnesses.
South Carolina has not authorized remote online notarizationS.C. Code Ann. Title 26, Ch. 2 (IPEN only — 2021 Act No. 85, eff. May 18, 2021)Verified Sep 9, 2026View source, so every notarization, wills included, happens in person.
To execute a will in South Carolina: Find 2 adults to serve as witnesses. Review witness restrictions to ensure eligibility. Get the document notarized (standard practice, not required). Wet signature and in-person signing required
Yes. South Carolina has adopted the Uniform Probate Code, which validates a will under any of three tests: it complied with the law of the place of execution, the law of the testator's domicile when signed, or the law of the testator's domicile at death (UPC § 2-506). The practical wrinkle is the self-proving affidavit: without one, the witnesses may need to testify when the will enters probate. The South Carolina document portability tool carries the recognition rule by document type.
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Learn moreForms for Planning Your Estate in South Carolina
Free forms for planning your estate in South Carolina: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In South Carolina, a will is signed before 2S.C. Code § 62-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyS.C. Code § 62-2-502Verified Oct 19, 2026View source.
Healthcare Power of Attorney
South Carolina requires 2S.C. Code Ann. § 62-5-504Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredS.C. Code Ann. § 62-5-504Verified Oct 15, 2026View source.
Financial Power of Attorney
South Carolina treats a power of attorney as durable by defaultS.C. Code § 62-8-101 et seq.Verified Sep 20, 2026View source, and it is signed before 2S.C. Code § 62-8-101 et seq.Verified Sep 20, 2026View source witnesses and a notary.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In South Carolina, the living will is the Declaration of a Desire for a Natural DeathS.C. Code Ann. Title 44, Chapter 77 (§§ 44-77-10 to 44-77-160), Death With Dignity ActVerified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Pour-Over Will
In South Carolina, a pour-over will is signed before 2S.C. Code § 62-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in South Carolina
Free tools for planning your estate in South Carolina: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
Trust or Will: Which Costs Less?
In South Carolina, a will-based plan pays probate attorney fees of typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in South Carolina runs $4,150Estimate: 10 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,225Estimate: 15 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in South Carolina runs $1,122Estimate: 3 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,244Estimate: 6 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,462S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In South Carolina, a parent names a guardian for a minor child in a will or a separate signed writingS.C. Code §§ 21-21-25 (parent may dispose of custody and tuition of a child by last will or recorded deed), 21-21-35 (effective against any person claiming custody as guardian), 21-21-45 (custodian may recover the child), 21-21-55 (custodian takes property deeded/devised to the child and may do all acts a guardian appointed according to law might do); enforced in family court, S.C. Code § 63-3-530(A)(34), (A)(45). Probate court has no jurisdiction over a minor’s person (§ 62-5-201); a minor’s property may also go to a probate-court conservator (§ 62-5-402, priorities § 62-5-408).Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18S.C. Code § 15-1-320(a) (references to minors mean persons under 18, except alcoholic-beverage laws)Verified Sep 16, 2026View source.
Do I Need a Revocable Trust?
Probate in South Carolina takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
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South Carolina Estate Planning Resources
In-depth guides covering South Carolina probate laws, trust requirements, and estate planning strategies.