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SC · LVG-WILL · Updated July 2026 · Free

South Carolina Living Will

Review Status: PendingAuthor: Editorial TeamMethodology: Statutory Verification

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South Carolina at a glance: Witnesses Required: 2 witnesses (mandatory) · Notary Required: Yes (mandatory) · Governing Law: S.C. Code § 44-77-40

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Overview

Living Wills in South Carolina

South Carolina requires living wills (Declaration of a Desire for a Natural Death) to be signed in the presence of two witnesses AND a notary.
Key Facts

South Carolina Living Will — Quick Reference

RequirementSouth Carolina Rule
Witnesses Required2 witnesses (mandatory)
Notary RequiredYes (mandatory)
Governing LawS.C. Code § 44-77-40
Legal Requirements

South Carolina Legal Requirements

  • Must be signed by the declarant, two witnesses, and a notary public.
Governing Laws

South Carolina Governing Laws

S.C. Code § 44-77-40
Execution of Declaration
Mandates both witnesses and notary.

Read the full text of these laws at Cornell Law School's South Carolina legal resources or your state legislature's official website.

Questions & Answers

South Carolina Living Will — Frequently Asked Questions

Do I need both a notary and witnesses in South Carolina?

Yes, both are strictly required by law.