Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
When a South Carolina resident dies without a will, the Probate Court applies the intestate succession rules in SC Code §62-2-101. Intestate succession governs how the estate—both real and personal property—passes to heirs.
Step 1: Open Probate. A personal representative (formerly called an executor) petitions the court in the county where the decedent lived. The court issues Letters of Administration to authorize asset collection and debt payment.
Step 2: Identify Heirs. Under South Carolina law, if the decedent left no surviving spouse but had children, the children inherit the entire estate. SC Code §62-2-101(d) states that descendants take by representation (per stirpes). You can review the statute here: SC Code §62-2-101.
Step 3: Pay Debts and Expenses. The personal representative must use estate assets to settle valid debts, funeral costs, and administrative expenses before distributing property.
Step 4: Distribute the Estate. Because there’s no spouse, the court divides the remaining assets equally among the three children. Each child receives one-third of the net estate. If a child predeceased the decedent but left descendants, that branch shares the child’s one-third share per stirpes.
Helpful Hints
- Gather Documents: Collect bank statements, deeds, titles, and bills to determine estate value.
- File Promptly: Submit the probate petition soon after death to avoid delays.
- Notify Heirs: Send written notices to all heirs and potential creditors as required by SC law.
- Keep Records: Track all estate transactions, including payments to creditors and distributions.
- Consider Professional Help: A probate attorney can streamline proceedings and ensure compliance with South Carolina statutes.