Detailed Answer to Intestacy Rules in South Carolina
When someone dies without a valid will, they die “intestate.” South Carolina’s intestacy laws govern how the decedent’s probate assets distribute. The Probate Court in the decedent’s home county oversees the process.
Who Qualifies as an Heir?
Under SC Code Ann. § 62-2-101, the basic hierarchy of heirs is:
- Spouse
- Children and descendants
- Parents
- Siblings and their descendants
- More distant relatives if no closer kin exist
If no heirs can be located, the estate escheats to the State of South Carolina.
Order of Distribution
South Carolina law sets a priority order:
- Spouse and children share the estate (§ 62-2-102)
- Spouse alone if there are no children (§ 62-2-103)
- Children if no spouse
- Parents if no spouse or children
- Siblings if no parents
- Further relatives under §§ 62-2-104–62-2-112
South Carolina follows common-law property rules, not community property.
Example Hypotheticals
Example 1: John dies intestate, married with two children, leaving $100,000 in probate assets. His spouse receives $50,000. Each child gets $25,000.
Example 2: Mary dies intestate with no spouse or children, but her parents survive. They share her entire estate equally.
Probate Process Overview
An interested party petitions Probate Court for Letters of Administration. The administrator collects assets, pays debts, then distributes property under the intestacy statutes. For procedures and forms, see Title 62, Chapter 1.
Disclaimer: This article provides general information on South Carolina intestacy laws. It does not constitute legal advice. Consult a licensed South Carolina attorney for guidance on your specific situation.
Helpful Hints
- Confirm all potential heirs before starting probate.
- Obtain certified death certificates for court filings.
- Track estate expenses meticulously.
- Seek legal help for estates with real estate, businesses, or out-of-state assets.
- Consider mediation if heirs dispute the distribution.