Here’s something about South Carolina: despite being home to some beautiful coastlines and charming historic cities, the Palmetto State is still stuck in the paper age when it comes to wills. You can create your will online, but you still need to print it out and sign it like you’re filing a mortgage application in 1992.
Without a will, South Carolina’s government decides who gets your stuff. And state bureaucrats don’t know that you wanted your Charleston historic home to go to your history-loving daughter, not your son who thinks anything built before 1980 “has too many problems.”
Creating a will puts you in control and protects your family from unnecessary legal complications and government interference.
South Carolina Will Laws (What You Need to Know)
South Carolina’s will requirements come from the South Carolina Probate Code, Intestate Succession and Wills §§ 62-2-501 – 62-2-507.
Here’s what matters: South Carolina allows online will creation but hasn’t embraced electronic wills yet. You can use technology to create your will, but you must print it out and sign with wet ink.
This means South Carolina residents have fewer modern options than people in more progressive states.
What This Actually Costs
Here’s the honest money breakdown:
- Traditional attorney route: $300 to $1,000 for simple wills (can reach thousands for complex estates)
- Online platforms: Around $200–$300 for comprehensive packages
- DIY handwritten approach: Free upfront, risky if you mess up legal requirements
Most people with straightforward situations don’t need expensive attorneys unless they have complicated business structures or family drama requiring special legal handling.
South Carolina Will Requirements (The Make-or-Break Rules)
Your will must satisfy these requirements or it becomes worthless paper.
Basic Requirements
✓ Must be in writing (handwritten or typed)
✓ You must be 18+ or a legally emancipated minor
✓ You must be of sound mind
✓ You must sign in front of two witnesses
✓ Witnesses must sign in your presence
✓ Must be printed on paper (no digital-only wills allowed)
Important South Carolina Rule:
South Carolina does not allow holographic (handwritten, unwitnessed) wills. Even handwritten wills must have two witnesses.
Can You Create Your Own Will? (Yes, But Be Smart)
South Carolina allows you to make your own will, including handwritten ones, but all wills must be witnessed by two people. This is stricter than some states that allow completely handwritten wills without witnesses.
One unclear sentence or missing legal step can leave your family dealing with probate chaos. If you’re going DIY, use a reliable online platform that’s built for South Carolina laws.
Do You Need a Lawyer? (Usually Not)
South Carolina doesn’t require attorneys for will creation. You might want one if:
- Your estate is large or complex
- You need sophisticated tax planning
- You have special conditions to meet
- You want advanced trust structures
For most people with straightforward wishes, online will creation handles everything at a fraction of the cost.
Step-by-Step South Carolina Will Creation
- Choose a trusted online platform
- Draft your will using guided questions
- Review and finalize everything
- Print the will on paper
- Sign before two witnesses
- Get witness signatures in your presence
- Add notarization (optional but smart)
- Store securely — both physical and digital copies
- Review and update regularly
Notarization: Not Required But Smart
South Carolina doesn’t require notarization, but it helps. Here’s why:
- Without notary: Probate court may need witness testimony
- With notary: Your will becomes “self-proving” and goes through probate faster
South Carolina Witness Requirements
Your witnesses must be:
- Competent adults
- Present when you sign
- Able to sign in your presence
Important: Avoid using beneficiaries as witnesses — this may create conflicts and could void their inheritance.
What Goes in Your South Carolina Will
Your will should address:
- Asset inventory
- Beneficiary list
- Specific gifts
- Executor nomination
- Guardians for minors or pets
- Property managers for dependents
- Final arrangements
- Personal messages (optional)
Common South Carolina Will Mistakes
Legal Requirements
- Trying to create a digital-only will
- Attempting an unwitnessed handwritten will
- Not printing and signing on paper
Witness Problems
- Using beneficiaries as witnesses
- Not having witnesses present
- Witnesses not signing in testator’s presence
Content Issues
- Vague language
- Missing executor or guardian
- Not following South Carolina’s strict witness rules
Storage Problems
- Family can’t find your will
- No backup copies
- Poor document organization
Why South Carolina Is Behind the Times
South Carolina still requires:
- Printed wills
- Wet-ink signatures
- In-person witnessing
No remote signings, no digital storage, no online notarization — unlike more modern states.
The South Carolina Disadvantage
Residents miss out on:
- Electronic will recognition
- Remote witnessing
- Digital signature acceptance
- Streamlined probate options
- Progressive estate planning flexibility
Take Action Today
Every day without a will is a risk. South Carolina’s default laws will decide who inherits — not you.
Even though it’s a paper-based system, creating your will online and printing it for signing is still simple and affordable.
Get Started Now
Just follow South Carolina’s rules carefully:
- Print it
- Sign with witnesses
- Store it safely
Your loved ones will thank you for taking 30 minutes to secure their future.
This information is educational only and not legal advice. Complex situations may require professional legal guidance.