Can I create my own will, or do I need an attorney?
Answer:
South Carolina does not generally require an attorney to draft a person’s own will, but the document must meet legal requirements. An attorney can help ensure that the will reflects your wishes and includes appropriate powers for the personal representative, potentially avoiding added court procedures and expense.
Current-law clarification — October 19, 2026: Our attorney recommends professional drafting; it should not be read as saying that an attorney is legally required to prepare your own will. South Carolina’s execution requirements appear in Section 62-2-502, and estate real-estate sale authority is addressed in Section 62-3-711.
Our attorney recommends legal help when preparing a will because drafting details can affect how an estate is administered. A document may express someone’s wishes yet omit powers that would help the personal representative carry them out efficiently.
One example is authority to sell estate real estate. If the will does not provide the necessary authority, additional procedures may be required under South Carolina law before a sale can proceed. That can add time and expense to administration.
A wills attorney can review the intended gifts, the personal representative’s authority, and the requirements for a validly executed will. Careful drafting can help address foreseeable administration issues, although it cannot guarantee that every court proceeding or dispute will be avoided.