Estate plan

South Carolina

Everything to plan your estate in South Carolina: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Will

Trust

—

POA

2W + N

HC Directive

E-will

Not adopted

RON

Not authorized

Remote online notarization

ROW

Not allowed

Remote online witnessing

Community property

Minimum age

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements

Will

S.C. Code §62-2-501 et seq.

Witnesses: 2 required

Signed by at least two individuals each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (S.C. Code §62-2-502(3))

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

•S.C. Code §62-8-105(2) requires the POA to be attested with the same formality and witness requirements as a South Carolina will (two witnesses, per §62-2-502(3))

•S.C. Code §62-8-105(3) also requires acknowledgment (or proof) pursuant to §30-5-30

•S.C. Code §62-8-109(c) requires the Financial POA to be RECORDED with the Register of Deeds (or Clerk of Court in counties without a Register of Deeds) in the county where the principal resides BEFORE the agent may exercise authority after the principal becomes incapacitated. Recording before incapacity is permitted and is best practice; recording is mandatory once incapacity is reached for the agent's authority to be effective post-incapacity.

•Durability is presumed unless the instrument states otherwise

Health Care Power of Attorney / Declaration

S.C. Code §62-5-501 et seq.

Witnesses: 2 required

South Carolina requires 2 witnesses

Notarization: Not required

Notarization is not required but may be accepted

Document sections

Separate living will

State-specific notes

•HCPOA (S.C. Code §62-5-503): two witnesses required; notarization is OPTIONAL. The statutory form in §62-5-504 expressly labels the notary acknowledgment as 'optional and is not required to create a valid health care power of attorney.'

•HCPOA witness disqualifications (S.C. Code §62-5-503(a)(3) and §62-5-504): a witness must not be (a) related to the principal by blood, marriage, or adoption as spouse, lineal ancestor, descendant of the parents of the principal, or spouse of any of them; (b) directly financially responsible for the principal's medical care; (c) entitled to a portion of the principal's estate under any will of the principal or as an heir by intestate succession; (d) a life-insurance beneficiary on the principal's life; (e) the agent or successor agent named in the HCPOA; (f) the attending physician or an employee of the attending physician; or (g) a person with a claim against the principal's estate. No more than one witness may be an employee of a health-care facility in which the principal is a patient.

•Companion Living Will / Declaration of a Desire for a Natural Death (S.C. Code §44-77-40) is a separate document and DOES require two witnesses plus a notary. If the declarant is a patient in a hospital or a resident in a nursing-care facility at the time of execution, one of the two witnesses must be an ombudsman designated by the State Ombudsman, Office of the Governor.

ViewWitness disqualification recital

I am not related to the Principal by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the Principal, or spouse of any of them. I am not directly financially responsible for the Principal's medical care. I am not entitled to any portion of the Principal's estate, whether under any will of the Principal or as an heir by intestate succession, nor am I the beneficiary of an insurance policy on the Principal's life, nor do I have a claim against the Principal's estate. I am not the Principal's attending physician, nor an employee of the attending physician. I am not appointed as Health Care Agent or Successor Health Care Agent in this document. (S.C. Code §62-5-503(a)(3); §62-5-504)

Declaration of a Desire for a Natural Death

S.C. Code §44-77-50

The Declaration of a Desire for a Natural Death records your wishes about life-sustaining procedures if you have a terminal condition or are in a state of permanent unconsciousness. The companion Health Care Power of Attorney appoints your agent.

Both this document and the Health Care Power of Attorney / Declaration are generated for you. You can sign both in the same session.

Plus

6 more documents with Will.com Plus

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. Plus

Free

Plus

All 4 state-specific documents

State-specific signing guide

Download as PDF, print forever

Covers real estate, business, digital, and funeral wishes

Disposition of remains authorization

Standalone HIPAA authorization

Nomination of conservator

Business succession declaration

Real-estate retitling checklist

Special needs trust provisions

Letter of instruction, pre-filled and editable

Edit anytime, stored in your account

Annual review reminder

See Will.com Plus →

Electronic will status

South Carolina has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

South Carolina has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

South Carolina has not authorized remote online notarization for estate planning documents.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

Remote online witnessing (ROW)

South Carolina does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

Last reviewed: May 11, 2026.

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.

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