South Carolina Last Will and Testament
Generate a last will and testament tailored to South Carolina law. Our AI incorporates SC-specific statutory requirements, disclosure obligations, and legal standards into every document.
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South Carolina Legal Requirements
Key SC statutes and obligations that apply to your last will and testament.
Requirements
- Governed by the South Carolina Probate Code (S.C. Code Ann. §§62-1-100 et seq.); must be in writing, signed by the testator, and witnessed by two competent adults
- Both witnesses must sign in the presence of the testator at the same time; witnesses should not be named beneficiaries
- A self-proving affidavit (acknowledged before a notary) is permitted and expedites probate by eliminating the need for witness testimony (§62-2-503)
Restrictions & Limits
- South Carolina has no state estate tax or inheritance tax — assets pass free of state death taxes
- Holographic wills (entirely in testator's handwriting) are not recognized in South Carolina — a typed, witnessed will is required
- Pretermitted children (born after will execution) may receive an intestate share unless expressly disinherited in the will
Official Statute References
Primary South Carolina statutes governing this document type.
South Carolina Last Will and Testament FAQ
Common questions about last will and testaments under South Carolina law.
Does South Carolina have a state estate tax?
No. South Carolina repealed its estate tax and does not impose an inheritance tax. Only the federal estate tax (applicable to estates exceeding $13.61 million in 2024) applies to South Carolina decedents, making it relatively tax-friendly for estate planning.
Are holographic wills valid in South Carolina?
No. South Carolina does not recognize holographic wills. A valid will must be in writing (typed or printed), signed by the testator, and witnessed by two competent adults. An improperly executed will is invalid under the South Carolina Probate Code and the estate passes under intestacy laws.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.