✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent and not influenced by affiliate relationships. This article is for informational purposes only and does not constitute legal advice.
South Carolina's probate laws underwent meaningful updates in 2024, modernizing several provisions of the South Carolina Uniform Probate Code. If you've been putting off making a will — or if you made one years ago and haven't reviewed it — now is a good time to understand exactly what South Carolina requires for a legally valid will and how online will services hold up against those standards.
The good news: for most South Carolinians, making a legally valid will online is entirely achievable without an attorney. Whether you live in Charleston, Columbia, Greenville, or Myrtle Beach, the process takes under an hour and costs a fraction of attorney fees. Here's everything you need to know.
Is an Online Will Legal in South Carolina?
Yes — online wills are fully legal in South Carolina when properly executed under state law. South Carolina adopted the Uniform Probate Code framework, and the requirements for a valid will are clearly defined.
Under S.C. Code Ann. § 62-2-502, a valid South Carolina will must be: (1) in writing, (2) signed by the testator or by another person in the testator's conscious presence and at the testator's direction, and (3) signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of that signature or of the will.
The 2024 updates to the SC Probate Code clarified the "conscious presence" standard for witness signing, aligning South Carolina more closely with the modern Uniform Probate Code. This means witnesses do not need to be in the same room simultaneously as long as they observe the testator's signing within a reasonable time period — an important modernization.
Notarization is not required for a South Carolina will to be valid. However, adding a self-proving affidavit under S.C. Code Ann. § 62-2-504 — which does require a notary — allows the will to be admitted to probate without witnesses having to testify in court. This is strongly recommended and most quality online services include this step.
Holographic Wills in South Carolina
South Carolina does not recognize holographic wills. Unlike about half of U.S. states, SC requires all wills to be witnessed by two individuals. An entirely handwritten will without proper witnesses is invalid under South Carolina law. This makes using a properly witnessed online will service especially important for SC residents — there is no holographic will fallback here.
Electronic Wills in South Carolina
South Carolina has not yet enacted the Uniform Electronic Wills Act (UEWA). Electronic or digital wills are not currently recognized under South Carolina law. Your will must be in physical writing with ink signatures. Online will services generate printable, physically signed documents — they are fully compliant with SC law.
South Carolina Will Requirements Checklist
✔ South Carolina Legal Will Requirements
- You are at least 18 years old and of sound mind
- The will is in writing (typed or printed)
- You sign the will (or direct someone to sign in your conscious presence)
- Two witnesses each sign within a reasonable time after witnessing your signature
- Notarization is NOT required — but a self-proving affidavit (§ 62-2-504) is strongly recommended
- Holographic wills are NOT valid in South Carolina — witnesses are mandatory
- Electronic wills are NOT recognized — physical ink signatures required
- Beneficiaries can be witnesses, but use disinterested witnesses for best practice
South Carolina Probate: Courts, Process & Small Estates
Probate Court Structure
Probate in South Carolina is handled by the Probate Court in each of the state's 46 counties. South Carolina is one of relatively few states with dedicated probate courts at the county level, rather than assigning probate matters to general circuit courts. Each county has an elected probate judge who handles matters including wills, guardianships, and conservatorships.
Small Estate Affidavit
Under S.C. Code Ann. § 62-3-1201, South Carolina allows a simplified collection procedure for small estates. If the gross value of all probate assets does not exceed $25,000, heirs may use an affidavit to collect assets directly from asset holders (banks, financial institutions, etc.) without going through full probate administration. This procedure can be used 30 days after the decedent's death.
South Carolina Probate Timeline
A typical South Carolina probate proceeding takes 8–18 months depending on estate complexity, creditor claims, and whether the will is contested. South Carolina does not have a simplified independent administration statute comparable to Texas — most estates go through standard supervised probate. This is one reason why a revocable living trust (which avoids probate entirely) can be attractive for SC residents with larger or more complex estates.
Estate & Inheritance Tax in South Carolina
South Carolina has no state estate tax and no state inheritance tax. The state eliminated its estate tax in 2005. Only the federal estate tax applies, with a 2026 exemption of approximately $13.61 million per individual ($27.22 million for married couples using portability). The vast majority of South Carolinians will never owe any estate tax.
South Carolina also has no gift tax. The federal annual gift tax exclusion of $18,000 per recipient per year applies to SC residents as with all Americans.
Best Online Will Services for South Carolina Residents
We evaluated these services specifically for South Carolina compliance — two-witness requirement, self-proving affidavit generation, no holographic will guidance, and overall quality of SC-specific documentation.
Best overall for South Carolina residents — clear two-witness process, complete document package, excellent UX
Will plan from
$199
SC-Specific Documents
Self-Proving Affidavit
Two-Witness Guidance
Living Trust Available
Free Lifetime Updates
Trust & Will generates a complete South Carolina-compliant will package including a self-proving affidavit, healthcare directive, and financial power of attorney. The guided questionnaire takes 20–30 minutes and explicitly walks you through the two-witness signing process required under SC law. Our top recommendation for SC residents.
✅ Pros
- SC-specific self-proving affidavit
- Clear witness signing instructions
- Full document package included
- Free lifetime updates
❌ Cons
- Higher price than some competitors
- No included attorney consultations
Start Your South Carolina Will at Trust & Will →
Best if you want optional attorney access alongside your SC will documents
Will plan from
$89
Attorney Network Access
SC-Compliant Documents
Business Documents Available
LegalZoom produces valid South Carolina wills and offers access to an attorney network for follow-up questions. The base price is lower but watch for upsells. Better suited for those who want the option to speak with an attorney after completing their will.
✅ Pros
- Lower entry price
- Optional attorney consultations
- Trusted national brand
❌ Cons
- Upsells can significantly increase cost
- Document updates cost extra
- Less intuitive guided experience
Compare at Trust & Will →
Good subscription option for SC residents who need ongoing legal document access
Membership from
$39.99/mo
SC Will Template
Attorney Ask Feature
Multiple Documents
Rocket Lawyer's membership gives access to a South Carolina will template plus the ability to ask attorneys questions. Best value if you need multiple legal documents (lease, business formation, etc.) alongside your will. Overkill if you only need a will.
✅ Pros
- Broad document library
- Attorney Q&A included
- Good for ongoing legal needs
❌ Cons
- Monthly subscription required
- Expensive if only need a will
- Less estate-planning focused
See Trust & Will Instead →
Most affordable option for simple SC estates
Plan from
$9.95/mo
Low Cost Entry
SC-Specific Templates
Quick Completion
LawDepot offers SC-compliant will templates at a very low monthly cost. Suitable for simple estates with straightforward beneficiary arrangements. Less guidance on SC-specific nuances than Trust & Will.
✅ Pros
- Very low cost
- Fast to complete
- SC-compliant documents
❌ Cons
- Subscription-based model
- Minimal guided experience
- Limited SC-specific depth
Compare at Trust & Will →
Online Will Service Comparison for South Carolina
| Service | Price | SC Self-Proving Affidavit | Attorney Access | Best For |
|---|
| Trust & Will | $199 individual / $299 couples | ✅ Included | ❌ Not included | Best overall SC experience |
| LegalZoom | $89–$179 | ✅ Included | ✅ Add-on subscription | Attorney access needed |
| Rocket Lawyer | $39.99/mo | ✅ Available | ✅ Included | Multiple document needs |
| Nolo | $99 one-time | ✅ Available | ❌ Not included | Self-guided approach |
| LawDepot | $9.95/mo | ✅ Available | ❌ Not included | Budget-conscious simple estates |
How Much Does an Online Will Cost in South Carolina?
South Carolina estate planning attorneys typically charge $800–$1,800 for a simple will package. Online services offer substantial savings:
| Option | Cost | What's Included |
|---|
| Trust & Will (Will Plan) | $199 | Will, POA, healthcare directive, free updates |
| Trust & Will (Trust Plan) | $499 individual/ $599 couples | Living trust, pour-over will, all directives |
| LegalZoom (Basic Will) | $89–$179 | Will; directives often sold separately |
| Nolo Quicken WillMaker | $99 one-time | Will, directives, executor guides |
| LawDepot | $9.95/mo | Will and basic documents |
| SC Estate Attorney (Will) | $800–$1,800 | Custom documents with legal advice |
| SC Attorney (Trust Package) | $1,800–$3,500 | Full trust + will package |
Step-by-Step: How to Make a Will in South Carolina Online
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1
Choose your online service Select Trust & Will, LegalZoom, or another SC-compatible service. For most SC residents, Trust & Will is the best balance of price, quality, and SC-specific document accuracy.
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2
Complete the guided questionnaire Answer questions about your assets, family, beneficiaries, and your chosen executor and guardian (if you have minor children). Takes about 20–35 minutes for most people.
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3
Review and download your documents Carefully review your generated will, self-proving affidavit, healthcare directive, and power of attorney before printing. Verify all names, beneficiary designations, and asset distributions.
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Sign before two witnesses and a notary Print your documents. Sign your will in front of two adult witnesses — both must also sign. Then take the self-proving affidavit to a notary public. South Carolina authorizes remote online notarization, so you can often complete this from home via services like Notarize.com.
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5
Store and communicate your wishes Keep the original will in a secure, accessible location — a fireproof home safe or safe deposit box. Give your executor a copy and make sure they know where the original is. Review your will after major life events: marriage, divorce, births, deaths, or significant changes in assets.
Ready to Make Your South Carolina Will?
Trust & Will is our top pick for South Carolina residents — SC-compliant documents, self-proving affidavit included, and free lifetime updates.
Start Your SC Will at Trust & Will →
South Carolina-Specific Estate Planning Considerations
South Carolina Is Not a Community Property State
South Carolina is a common law (separate property) state. Unlike Texas, California, or other community property states, assets you acquire in South Carolina are generally owned by whoever earned or bought them — they are not automatically shared 50/50 with your spouse. This means you generally have greater freedom to leave your assets to anyone you choose in your will, though surviving spouses do have an elective share right under S.C. Code Ann. § 62-2-201, allowing a surviving spouse to claim an elective share of the decedent's augmented estate regardless of what the will says. Under S.C. Code Ann. § 62-2-202, the elective share is generally one-third of the augmented estate — important context for anyone planning to disinherit or significantly under-provide for a surviving spouse.
Remote Online Notarization
South Carolina authorizes remote online notarization (RON) under the South Carolina Remote Online Notarization Act. This means you can complete your self-proving affidavit notarization via video call with a commissioned online notary — making the entire will-creation process completable from home without visiting a physical notary office.
Homestead and Creditor Protections
South Carolina provides a homestead exemption under S.C. Code Ann. § 15-41-30 of up to $58,255 per person (indexed for inflation) on your primary residence from creditor claims. Married couples can double this to $116,510. While this isn't directly part of your will, it's relevant context for understanding what passes to your estate vs. what is protected.
Frequently Asked Questions
Is an online will legal in South Carolina?
Yes. Online wills are fully legal in South Carolina under S.C. Code § 62-2-502. A valid will must be in writing, signed by the testator (age 18+), and witnessed by two individuals. No notarization is required for validity, though a self-proving affidavit under § 62-2-504 is strongly recommended to simplify probate.
How many witnesses does a South Carolina will require?
Two witnesses are required. Each must sign within a reasonable time after witnessing the testator's signature or the testator's acknowledgment of the will. The 2024 updates to the SC Probate Code clarified that witnesses don't need to be physically present simultaneously as long as they observe the signing within a reasonable time period.
Does a South Carolina will need to be notarized?
No — notarization is not required for a South Carolina will to be valid. However, a self-proving affidavit signed before a notary under § 62-2-504 is strongly recommended as it allows the will to be admitted to probate without witness testimony. South Carolina also recognizes remote online notarization, so this can be done from home.
Are holographic wills valid in South Carolina?
No. South Carolina does not recognize holographic wills. All wills in SC must be witnessed by two individuals. A handwritten will without proper witnesses is not valid under South Carolina law, which makes using a properly witnessed online will service especially important for SC residents.
Does South Carolina recognize electronic wills?
No. South Carolina has not yet enacted the Uniform Electronic Wills Act. Electronic wills are not currently recognized under SC law. Your will must be printed and signed with ink signatures. Online will services generate printable documents for this purpose and are fully compliant.
What is South Carolina's small estate affidavit limit?
Under S.C. Code § 62-3-1201, estates with probate assets valued at $25,000 or less can use a simplified affidavit procedure to transfer assets to heirs without full probate. This procedure can be initiated 30 days after the decedent's death.
Does South Carolina have a state estate tax?
No. South Carolina eliminated its estate tax in 2005. Only the federal estate tax applies, with a 2026 exemption of approximately $13.61 million per individual. Most South Carolinians will never owe any estate tax.
What court handles probate in South Carolina?
Probate in South Carolina is handled by the Probate Court in each of the state's 46 counties. Each county has its own elected probate judge. Unlike many states that route probate through general circuit courts, South Carolina has a dedicated probate court system at the county level.