Detailed Answer — how South Carolina intestacy law treats children

If a person dies in South Carolina without a valid will (intestate), South Carolina’s intestacy rules determine who inherits. The rules prioritize close family: spouses and descendants (children, grandchildren, etc.). The key ideas you need to understand are who counts as a “child,” how shares are allocated among living children, and what happens when a child dies before the decedent.

Who counts as a child under South Carolina law?

• Biological children: A decedent’s natural children inherit.
• Adopted children: Generally treated the same as biological children for inheritance from the adoptive parents.
• Posthumous children: A child in gestation at the decedent’s death typically can inherit if born alive (or under the procedural rules that establish posthumous inheritance).
• Children born out of wedlock: A child can inherit from the mother automatically. Inheritance from the father requires paternity to be established by law (for example, by acknowledgment, paternity order, or evidence acceptable to the court).

For the controlling South Carolina statutes on descent and distribution see Title 62 (Wills, Trusts, and Fiduciary Administration), Chapter 2. (South Carolina Code: Descent and Distribution.) See: https://www.scstatehouse.gov/code/t62c002.php.

How are shares divided among children?

If the decedent is survived by one or more children and no surviving spouse (or if the spouse’s share does not exhaust the estate), the estate passes to the decedent’s descendants. South Carolina uses representation — descendants of a predeceased child step into that child’s share.

Examples:

• If the decedent is survived by three children, each child generally receives one-third of the estate (subject to any surviving spouse’s share or other statutory rules).
• If one of the three children predeceased the decedent but left two children (the decedent’s grandchildren), those two grandchildren collectively receive the predeceased child’s one-third share, typically divided equally between them (they take by representation).
• If all children of the decedent are deceased but grandchildren survive, the grandchildren inherit in place of their parent, again by representation.

When there is a surviving spouse

South Carolina law provides specific shares for a surviving spouse when there are also children. The spouse’s share depends on the particular mix of surviving relatives. Because the spouse’s statutory share and children’s shares can interact, you should consult the intestacy provisions in Title 62 to determine exact splits for your situation. See the Descent and Distribution chapter here: SC Code Title 62, Chapter 2.

Practical examples

Short scenarios to illustrate how representation works:

• Scenario A — No spouse, three children alive: Each child receives one-third.
• Scenario B — No spouse, three children, one predeceased and left two children: Living child A gets 1/3, living child B gets 1/3, the two grandchildren (children of the predeceased child) split the remaining 1/3 equally (each gets 1/6).
• Scenario C — Surviving spouse and children: The spouse receives the statutory share and the children share the remainder under the statutory scheme (see Title 62 for exact calculations).

Other important points

• Parentage matters. A person must be legally recognized as the child (by birth certificate, adoption, paternity finding, or other legal proof) to inherit as a child under intestacy rules.
• Representation can mean several generations inherit in place of the missing intermediate generation. The estate is divided by right of representation to the generation level that contains living descendants.
• Creditors and administration costs are paid before distributions to heirs.

For statutory language and more detail, review the South Carolina Code provisions on descent and distribution: https://www.scstatehouse.gov/code/t62c002.php.

What you should do next (if you are an heir or administrator)

1. Locate the death certificate and any estate planning documents.
2. Identify all potential heirs (children, adopted children, grandchildren, spouse).
3. If the estate appears small, check South Carolina’s small estate procedures that may avoid formal probate.
4. If formal administration is needed, file for appointment of a personal representative/administrator in the probate court for the county where the decedent lived.
5. Gather proof of relationship for each heir (birth certificates, adoption decrees, paternity orders, etc.).
6. Notify creditors and follow the probate process before distributing assets.

If you need exact splits or have disputes (for example, paternity questions or claims by creditors), consult a South Carolina probate attorney who can apply the statutes to your facts and help with probate petitions.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney‑client relationship. For advice specific to your situation, contact a licensed South Carolina attorney.

Helpful Hints

• Collect documentation proving parent-child relationships early (birth certificates, adoption decrees, paternity orders).
• If you expect disputes about parentage, consider obtaining a judicial determination of paternity before or during probate.
• Keep an updated family tree showing deceased and surviving descendants — it simplifies calculating representation shares.
• Ask the probate clerk about small estate procedures if the estate’s total value is low; you may avoid full probate.
• When a child has predeceased the decedent, identify that child’s descendants and their contact information — they may have inheritance rights by representation.
• Document communications and notices during administration to avoid later challenges.
• When in doubt, consult a probate attorney to confirm statutory shares and to prepare required court filings correctly.