A South Carolina last will is a written document that lets you decide how your personal property is distributed, name an executor to carry out your wishes, and name a guardian for your minor children when you die. It only takes effect after your death and only covers property in your own name, so it will not redirect jointly owned property or accounts that already name a beneficiary.
Any adult in South Carolina who wants a say in how their belongings and family responsibilities are handled can use one. Below, you can download a free South Carolina last will and testament template as a PDF or Word file and find answers to the questions people ask most about this document.
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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current South Carolina law. If you notice an error or outdated information, please contact us.
South Carolina sets out the formalities for a valid last will in Title 62 of the S.C. Code. Every will must be in writing, signed by the testator (or by someone else at the testator’s direction and in their presence), and signed by at least two qualifying witnesses.[1.2]
This witness rule applies to a will whose execution is governed by South Carolina law, rather than the law of the place where it was executed or of the testator’s domicile.
| Requirements | State laws | |
| Statutes | Title 62 – South Carolina Probate Code; Article 2 – Intestate Succession and Wills | |
| Signing requirement | Two witnesses | SECTION 62-2-502. Execution |
You can revoke a South Carolina will, or any part of it, in one of two ways under state law. You can execute a subsequent will that revokes the previous will or part of it, expressly or by inconsistency.
Or you, or another person acting in the testator’s presence and at the testator’s direction, can burn, tear, cancel, obliterate, or otherwise destroy it to revoke it.[1.1]
South Carolina law does not set a fixed count of five separate items, but it does set out clear formalities under S.C. Code Ann. § 62-2-502. The will must be in writing. The testator must sign it, or direct someone else to sign it for them in their presence. At least two witnesses must sign too, after watching the testator sign or hearing the testator acknowledge the signature.[1.2]
A South Carolina will can fail to meet the state’s basic formalities under S.C. Code Ann. § 62-2-502. It is not valid if it is not in writing. It is also not valid if the testator, or someone signing at the testator’s direction and in their presence, does not sign it. And it is not valid if fewer than two qualifying witnesses sign after watching the signing or hearing it acknowledged.[1.2]
A South Carolina will becomes void when it is revoked under state law. You can revoke it by signing a later will that cancels or conflicts with the earlier one, or by having it burned, torn, canceled, obliterated, or destroyed, with the intent to revoke it.[1.1]
1. Consider your possible choices. Make a decision whether you want to hire lawyers or make your last will by yourself (either handwriting it or getting a free last will and testament form).
2. Specify your details. Add your full legal name and address (the city, county, and state of residence) to establish the testator of the will. Check the information you wrote as well as the remainder of the passage, including “Expenses and Taxes.”
3. Establish the executor. The next step is to select the executor of your last will and testament, the person who carries out your instructions and settles your estate. See what an executor does for more information if you are not sure what the role involves. To name your executor, list their full legal name and their city, county, and state of residence.
It is a good idea to choose someone who lives in the same state as you, since an out-of-state executor can run into extra paperwork under some states’ rules for non-resident executors. Naming a backup executor is not required, but many people do it in case the first choice is unwilling or unable to serve.
4. Indicate the guardian (optional). You are able to choose a trusted person as a guardian in case you have underage or dependent children that must be taken care of. In case there are no directions regarding who exactly should take care of your kids, the guardian will be assigned by the court.
5. Specify your beneficiaries. Now you establish people who will receive your property. For each inheritor, specify the next particulars: full legal name, address, and how they are related to you.
6. Distribute possessions. When you’ve got a property allocation under consideration that is not even, you can explain it within this section. Cash, stocks, real estate, business interests, money someone owes you, and any other property of value can go in your last will. Property you own jointly with someone else, and life insurance or accounts with a named beneficiary, typically pass outside your will instead.
7. Sign the will with your witnesses. South Carolina law requires at least two witnesses to sign a last will for it to be legally binding.[1.2] It is common to pick witnesses younger than you, so they are more likely to be available if the will is ever contested. You and your two witnesses then sign the will together, after filling in your full legal addresses and names. Read every paragraph carefully before you finalize it.
No, only you can decide to change your last will and testament. If you are not able to sign it yourself, another person may sign your name for you, but only in your presence and at your direction.[1.2]
Yes. South Carolina law lets you revoke or replace your will at any time, either by signing a later will that cancels or conflicts with it, or by burning, tearing, canceling, or otherwise destroying it with the intent to revoke it.[1.1] If you have not signed a contract that says otherwise (for example, a prenuptial agreement), you can update your will whenever you want. It is a good idea to revisit it after a major life event such as:
| Related documents | When to make one |
| Codicil | You wish to make one or a few small changes to your will. |
| Self-proving affidavit | You want to save time and legal fees for your witnesses. |
| Living will | You would like to express your wishes about the end-of-life health care and life-prolonging measures. |
| Living trust | You want to consider an alternative to a last will, especially for larger estates. See living trust vs. will to compare the two. |
General information, not legal or tax advice.
