S.C. Code § 62-2-101
Intestate estate
Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this Code.
South Carolina Code Title 62, Article 2 — Intestate Succession and Wills
South Carolina · statute · S.C. Code tit. 62, art. 2 · 74 active provisions
S.C. Code § 62-2-102
Share of the spouse
The intestate share of the surviving spouse is: (1) if there is no surviving issue of the decedent, the entire intestate estate; (2) if there are surviving issue, one-half of the intestate estate.
S.C. Code § 62-2-103
Share of heirs other than surviving spouse
The part of the intestate estate not passing to the surviving spouse under Section 62-2-102, or the entire estate if there is no surviving spouse, passes as follows: (1) to the issue of the decedent: if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree then those of…
S.C. Code § 62-2-104
Requirement that individual survive decedent for one hundred twenty hours
(1) For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in subsection (2): (a) an individual who was born before a decedent's death but who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent. If it is not esta…
S.C. Code § 62-2-105
No taker
If there is no taker under the provisions of this article [Sections 62-2-101 et seq.], the intestate estate passes to the State of South Carolina.
S.C. Code § 62-2-106
Representation; disclaimer by intestate beneficiary
If representation is called for by this Code, the estate is divided into as many equal shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each…
S.C. Code § 62-2-107
Kindred of half blood
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
S.C. Code § 62-2-108
Afterborn heirs
Issue of the decedent (but no other persons) conceived before his death but born within ten months thereafter inherit as if they had been born in the lifetime of the decedent.
S.C. Code § 62-2-109
Meaning of child and related terms
If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person: (1) From the date the final decree of adoption is entered, and except as otherwise provided in Section 63-9-1120, an adopted person is the child of an adopting parent a…
S.C. Code § 62-2-110
Advancements
If a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing signed by the decedent or acknowledged in a writing signed by the heir to be an advancement. For this pur…
S.C. Code § 62-2-111
Debts to decedent
A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's issue.
S.C. Code § 62-2-112
Alienage
No person is disqualified to take as an heir because he, or a person through whom he claims, is or has been an alien.
S.C. Code § 62-2-113
Persons related to decedent through two lines
A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle him to the larger share.
S.C. Code § 62-2-114
Limitation on parent's entitlement as intestate heirs to estate proceeds; failure to provide support for decedent during minority
Notwithstanding any other provision of law, if the parents of the deceased would be the intestate heirs pursuant to Section 62-2-103(2), upon the service of a summons, petition and notice by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny…
S.C. Code § 62-2-201
Right of elective share
(a) If a married person domiciled in this State dies, the surviving spouse has a right of election to take an elective share of one-third of the decedent's probate estate, as computed under Section 62-2-202, the share to be satisfied as detailed in Sections 62-2-206 and 62-2-207 and, generally, under the limitations an…
S.C. Code § 62-2-202
Probate estate
(a) For purposes of this Part, probate estate means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy, reduced by funeral and administration expenses and enforceable claims. (b) Except as provided in Section 62-7-401(c) with respect to a revocable inter vivos tr…
S.C. Code § 62-2-203
Exercise of right of election by surviving spouse
The right of election of the surviving spouse may be exercised only during his lifetime by him or by his duly appointed attorney in fact. In the case of a protected person, the right of election may be exercised only by order of the court in which protective proceedings as to his property are pending.
S.C. Code § 62-2-204
Voluntary waiver of surviving spouse's right to elective share, homestead allowance, and exempt property; property settlement in anticipation of divorce
(A) The rights of a surviving spouse to an elective share, homestead allowance, and exempt property, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver voluntarily signed by the waiving party after fair and reasonable disclosures to the waiving part…
S.C. Code § 62-2-205
Proceedings for elective share; time limit
(a) The surviving spouse may elect to take an elective share in the probate estate by filing in the court and serving upon the personal representative, if any, a summons and petition for the elective share within the later of (1) eight months after the date of death, (2) six months after the informal or formal probate…
S.C. Code § 62-2-206
Effect of election on benefits by will or statute
A surviving spouse is entitled to benefits provided under or outside of the decedent's will, by any homestead allowance, by Section 62-2-401, whether or not he elects to take an elective share, but such amounts as pass under the will or by intestacy, by any homestead allowance, and by Section 62-2-401 are to be charged…
S.C. Code § 62-2-207
Charging spouse with gifts received; liability of others for balance of elective share
(a) In the proceeding for an elective share, all property, including any beneficial interest, which passes or has passed to the surviving spouse, or would have passed to the surviving spouse, but was renounced or disclaimed, must be applied first to satisfy the elective share and to reduce any contributions due from ot…
S.C. Code § 62-2-301
Omitted spouse
(a) If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse, upon compliance with the provisions of subsection (c), shall receive the same share of the estate he would have received if the decedent left no will unless: (1) it appears f…
S.C. Code § 62-2-302
Pretermitted children
(a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child, upon compliance with subsection (d), receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless: (1) it appears fro…
S.C. Code § 62-2-401
Exempt property
The surviving spouse of a decedent who was domiciled in this State is entitled from the estate to a value not exceeding forty-five thousand dollars in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, minor or de…
S.C. Code § 62-2-402
Source, determination, and documentation
(a) If the estate is otherwise sufficient, property specifically devised is not used to satisfy rights to exempt property. Subject to this restriction, the surviving spouse, the guardians or conservators of the minor children, or children who are adults may select property of the estate as exempt property. The personal…
Page 1 of 3Next →