Estate plan requirements
South Carolina
Everything you need to create a valid estate plan in South Carolina: wills, trusts, powers of attorney, and healthcare directives.
Will
2W
Trust
—
POA
2W + N
Healthcare Dir.
2W + N
E-will
Not adopted
Online notary (RON)
Authorized
Since 2021
Remote witnessing (ROW)
Not authorized
Community property
No
Minimum age
18
Will
Witnesses: 2 required
Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Not valid
South Carolina does not recognize handwritten wills without witnesses
Self-proving affidavit: Available
Allows the will to be admitted to probate without witness testimony
Living Trust
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Durable Power of Attorney
Witnesses: 2 required
South Carolina requires 2 witnesses for power of attorney execution
Notarization: Required
Notarization is required for a valid durable power of attorney
State-specific notes
Healthcare Directive
Witnesses: 2 required
South Carolina requires 2 witnesses for healthcare directive execution
Notarization: Required
Notarization is required for a valid healthcare directive
State-specific notes
Electronic will status
South Carolina has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Remote online notarization
South Carolina authorized remote online notarization (RON) in 2021. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in South Carolina for guidance specific to your situation.