Overview
This article explains how to claim an inheritance when a parent dies without a will (intestate) under South Carolina law. It walks through the steps you or other heirs typically follow in a probate administration, identifies where the estate assets normally go under intestacy rules, and lists practical tips and resources. This is educational information only and not legal advice.
Disclaimer: This is not legal advice. The information below is a general guide. For facts specific to your situation, consult a licensed South Carolina attorney or your local probate court.
Detailed Answer — Steps to Claim an Intestate Share in South Carolina
1. Confirm there is no valid will and gather key documents
- Make sure the deceased did not leave a valid will. Check personal files, safety deposit boxes, email, and places they stored important papers. Ask close relatives.
- Collect the death certificate and documents showing relationships and assets: birth certificates, marriage certificates, social security number, recent bank statements, account statements, deeds, vehicle titles, life insurance policies, retirement account statements, and any bills or loan statements.
2. Understand who inherits under South Carolina intestacy law
If a person dies without a will, South Carolina’s intestacy rules determine who inherits. In general:
- If the decedent is survived by a spouse and no children or other descendants, the spouse typically inherits the entire estate.
- If the decedent is survived by children but no spouse, the children usually inherit the entire estate in equal shares.
- If the decedent is survived by both a spouse and children (or descendants of a deceased child), the estate is divided between spouse and descendants in a manner set by South Carolina law.
- If there are no spouse, descendants, parents, or other close relatives, more distant relatives may inherit, and if no heirs exist, the estate may ultimately escheat to the state.
For the statutory framework, see the South Carolina Code, Title 62, Chapter 2 (Descent and Distribution):
https://www.scstatehouse.gov/code/t62c002.php.
3. Identify whether probate is required
- Probate is usually required to transfer assets that are titled in the decedent’s name only (real estate, brokerage accounts, bank accounts held solely in the decedent’s name, etc.).
- Some assets pass outside probate: assets with named beneficiaries (life insurance, retirement accounts), assets held jointly with rights of survivorship, and property in certain transfer-on-death registrations. Those typically go directly to the named beneficiaries or surviving joint owners.
4. Open an estate administration (apply to the probate court)
To claim an intestate share you (or someone else) normally must begin formal administration in the probate court of the county where the decedent lived. The court will appoint an administrator (sometimes called a personal representative) to gather assets, pay debts and taxes, and distribute the remainder to heirs.
Typical steps:
- File a petition for administration with the local probate court or clerk of court in the county where the decedent resided.
- Provide the death certificate and any heir information the court requires.
- The court issues letters of administration to the appointed administrator; copy of those letters proves the administrator’s authority to handle estate assets.
For general probate guidance in South Carolina, see the South Carolina Judicial Branch probate information:
https://www.sccourts.org/probate/.
5. Administrator duties, notices, and creditor claims
- The administrator inventories assets, secures property, and gives required notices (to heirs and to creditors) per statutory requirements.
- Creditors may have a limited period to file claims against the estate. Valid debts must be paid before distribution to heirs.
- Once debts, taxes, and expenses are paid and the court approves, the remaining estate is distributed to heirs according to the intestacy statute.
Statutes governing estate administration and creditor claims are in Title 62, Chapters 3 and 4. See the South Carolina Code for details:
https://www.scstatehouse.gov/code/t62c003.php and
https://www.scstatehouse.gov/code/t62c004.php.
6. Distributing assets to heirs
After administration steps are completed and with court approval, the administrator distributes remaining assets according to the intestacy rules (see Title 62, Chapter 2). If you are an heir, the administrator should notify you of the proposed distribution and provide an accounting. If you disagree with the accounting or distribution you can object in probate court.
7. When you can act as an heir
You can participate as an heir by:
- Being nominated or appointed as the estate administrator (if appropriate and permitted by the court);
- Reviewing inventories and accountings filed in the estate file at the probate court; and
- Filing objections or claims in the probate case if you believe the estate is being mismanaged or distributions are incorrect.
Special situations to watch for
- Jointly titled property and beneficiary designations often bypass probate and are not part of intestate distribution.
- Life insurance and retirement accounts usually pass to named beneficiaries even if there is no will.
- Adoption, paternity issues, or later-born children can affect who qualifies as an heir.
- If heirs cannot agree, the probate process may become contested; that typically requires legal counsel and possibly litigation.
Helpful Hints
- Start by locating the death certificate and any obvious estate documents. The court will require multiple certified copies of the death certificate.
- Make a list of potential heirs (spouse, children, grandchildren, parents, siblings) and gather proof of relationship (birth and marriage certificates).
- Secure and inventory tangible property and valuables right away to protect estate assets.
- Check bank accounts, safe deposit boxes, and mail for communications from financial institutions.
- Check for beneficiary designations on life insurance, IRAs, 401(k)s — those typically pass outside probate to the named beneficiaries.
- If the estate is small, ask the probate court clerk about simplified or summary procedures that can make transfer quicker and cheaper.
- Keep careful records of all communications, receipts, and filings related to the estate.
- If you’re named administrator, consider purchasing a surety bond if required, and consult an accountant about possible tax filings for the estate.
- When in doubt, consult a South Carolina probate attorney — especially if the estate includes real estate, business interests, tax issues, or if heirs dispute distributions.
Where to Find Official Forms and Help
- South Carolina Code (Probate, Estates, and Intestate Succession):
https://www.scstatehouse.gov/code/t62c002.php - South Carolina Judicial Branch — probate information and local court contacts:
https://www.sccourts.org/probate/
If you want, provide the county where your mother lived and a brief description of the assets (real estate, bank accounts, life insurance, etc.), and I can outline the likely next administrative step and local court contact format for that county.
Final note: Probate and intestacy can involve strict procedural steps and time limits. Acting promptly, organizing documentation, and consulting a licensed South Carolina probate attorney when issues are complex will help protect your inheritance rights.