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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in South Carolina for advice about your specific situation.

Detailed Answer

1. Understanding Intestate Succession in South Carolina

When a property owner dies without a valid will (“intestate”), South Carolina law governs how assets pass to heirs. See South Carolina Code of Laws Title 62, Chapter 2 (Intestate Succession): scstatehouse.gov/code/t62c002.php. Key points:

• If the decedent is survived by children but no spouse, all assets go to the children in equal shares.
• If there is a surviving spouse and children (all of whom are also the spouse’s children), the spouse inherits the entire estate.
• If the spouse and children do not all descend from the spouse, the spouse takes the first $50,000 plus one-half of the balance; the remainder splits among the children.
• If there is no spouse or descendant, the estate passes to parents, then siblings, and so on under the statute’s hierarchy.

2. Opening an Estate and Appointing an Administrator

To transfer title, someone must open a probate estate and serve as administrator. Under South Carolina Code Title 62, Chapter 3 (Administration of Estates): scstatehouse.gov/code/t62c003.php, the process is:

1. File a petition for letters of administration in the probate court of the county where the decedent lived.
2. Provide the court with a death certificate and an affidavit of heirs listing all potential intestate beneficiaries.
3. The court issues letters of administration, authorizing the administrator to manage and distribute estate assets.

3. Determining and Notifying Heirs

The administrator must identify all heirs entitled under intestate succession rules. Send each heir formal notice and provide an opportunity to contest the administration.

4. Distributing Real Property Among Multiple Heirs

Once the court approves the estate accounting and debts are paid, the administrator may distribute real property. Options include:

• Partition in Kind: Physically divide the land if feasible and all heirs agree.
• Partition by Sale: Sell the property at public auction and split the proceeds.
• Administrator’s Deed: Transfer title to heirs by executing and recording an administrator’s deed that meets South Carolina statutory requirements (S.C. Code Ann. § 62-3-513).

5. Recording the Administrator’s Deed

To complete title transfer:

1. Prepare the administrator’s deed showing each heir’s share.
2. Have it notarized and file it with the county Register of Deeds in the county where the property lies.
3. Pay recording fees and any transfer taxes due.

After recording, each heir holds clear title to their share of the property.

Helpful Hints

• Identify all potential heirs early to avoid disputes.
• Gather a current property survey to assist with partition.
• Keep thorough records of all notices, filings, and court orders.
• Consider mediation if heirs disagree on property disposition.
• Consult a probate attorney to ensure compliance with South Carolina rules.