Disclaimer: This article is for educational purposes and does not constitute legal advice. Consider consulting a licensed attorney.
Detailed Answer
Under South Carolina law, wrongful death proceeds pass to the decedent’s heirs according to SC Code §15-51-20. Follow these steps:
- Identify survivors. List the decedent’s surviving spouse, children (natural and legally adopted), and other lineal descendants.
- Allocate shares per statute.
- Surviving spouse and issue: spouse receives one-third; the remainder divides equally among the issue. (SC Code §15-51-20(a))
- No spouse but issue: survivors share equally. (SC Code §15-51-20(b))
- Spouse only: spouse receives entire amount. (SC Code §15-51-20(c))
- No spouse or issue: distribute to parents or siblings per intestate succession under SC Code §62-2-101.
- Obtain court approval. File a petition in the appropriate circuit court and secure an order approving the settlement and distribution plan.
- Handle minor beneficiaries. Deposit minors’ shares into court-approved guardianship accounts as directed by the judge.
- File final accounting. Submit a final accounting to the court once you complete distributions.
Helpful Hints
- Collect certified copies of the decedent’s death certificate and family records before filing.
- Verify adoption records; legally adopted children qualify as heirs.
- Engage a court-appointed personal representative to manage settlements and distributions.
- Keep detailed records of liens, expenses, and fees deducted before disbursement.
- Address any beneficiary disputes promptly to avoid court delays.