What rights does a surviving spouse have in South Carolina when a spouse dies without a will and the family cuts you out?

Quick answer: In South Carolina, a surviving spouse has legal rights to inherit under the state intestacy rules and to participate in or control the probate process. The spouse normally has priority to be appointed the estate’s personal representative (administrator). Family members cannot lawfully exclude a surviving spouse from funeral decisions, access to the decedent’s property, or participation in probate. If relatives act to remove you from those roles or start handling estate affairs without authority, you can ask the probate court for relief.

Note: This article explains general South Carolina rules and common remedies. This is not legal advice. Consult a South Carolina probate attorney for guidance about your specific situation.

How South Carolina law treats intestacy (dying without a will)

When someone dies without a will, South Carolina’s probate (intestate succession) rules determine who inherits. The South Carolina Probate Code controls these matters. A surviving spouse is always one of the first people the law protects: the spouse may inherit all or part of the estate depending on whether the decedent left surviving children, parents, or other heirs.

For the statutory rules on intestate succession and related probate provisions, see the South Carolina Probate Code (Title 62):
S.C. Code Title 62 (Probate) and the intestacy chapter for more detail:
S.C. Code Title 62, Chapter 2 (Intestate Succession).

Key legal rights a surviving spouse typically has

Priority to serve as the estate’s personal representative (administrator): If no executor is named (because there is no will), the surviving spouse usually has priority to petition the probate court to be appointed administrator. The administrator manages estate assets, pays debts, and distributes property under court supervision. See the probate administration provisions in Title 62: Chapter 3 (Administration of Estates).
Right to inherit under intestacy rules: The spouse is an heir under the intestacy statutes and will inherit either the entire estate or a defined share depending on who else survives the decedent (children, parents, etc.). The intestacy statutes describe how assets are divided. See Chapter 2.
Right to funeral and disposition decisions: South Carolina law gives certain persons priority to make decisions about burial and disposition of remains. A surviving spouse is generally at or near the top of that priority list. Relatives cannot lawfully override the spouse’s right without court action or the spouse’s consent.
Access to estate information and accountings: Once you are the personal representative or a person with statutory rights, you are entitled to inventory, accountings, and notice of probate proceedings. Administrators must provide information and follow court procedures when selling property or paying debts.
Ability to seek emergency court orders: If family members are removing assets, destroying records, or otherwise interfering, you can ask the probate court for temporary relief (for example, a temporary restraining order, inventory order, or appointment as interim administrator) to protect assets until the court holds a hearing.

What to do right now if relatives are cutting you out

Stay calm and document everything. Keep a written record of who did what (dates, times, witnesses). Preserve texts, emails, voicemails, receipts, or photos that show interference with the decedent’s property or funeral decisions.
Gather basic documents you will need: marriage certificate, death certificate, any financial statements you can access, titles to vehicles or property, and contact info for relatives and banks. These documents are required when you petition the court.
Contact the county probate court immediately: File a petition to open probate and to be appointed administrator (sometimes called letters of administration). Probate rules and forms vary by county; the court clerk can tell you what to file. South Carolina’s Judicial Branch website is a starting point: SC Judicial Branch.
Ask the court for emergency relief if assets are at risk. If relatives are removing property or spending estate funds, ask the court for interim orders to preserve property and to prohibit transfer or sale until the court decides who should be administrator.
Consider counsel early. A probate attorney can file petitions, request emergency orders, and represent you at hearings. If cost is a concern, ask the court clerk about fee waivers or look for local legal aid organizations that handle probate or family law issues.

Common situations and practical outcomes

– If you become the administrator: you will gather assets, notify creditors, pay lawful debts, prepare an inventory and accounting for the court, and distribute remaining assets according to intestacy rules.

– If relatives were already appointed administrator without proper notice to you: you can petition the court to remove them or to require proper accountings. Courts will consider whether the relatives followed the law, whether they are acting in the estate’s best interest, and whether you were improperly excluded.

– If the issue is the right to make funeral or burial decisions: raise the issue quickly with the funeral home and the probate court. Funeral directors commonly follow the person with legal priority but may require a court order if multiple people claim that right.

What you can expect from the probate timeline

Probate timelines vary by county, complexity of the estate, and whether disputes arise. Simple administrations can take a few months; contested estates or estates requiring sales and accountings can take a year or more. Emergency or temporary orders can be obtained on an accelerated schedule if you show immediate risk of loss or dissipation of assets.

When to hire a lawyer

Consider hiring a South Carolina probate lawyer if:

Family members are removing assets or controlling the funeral against your wishes.
You cannot access bank accounts, vehicles, or the home where the decedent lived.
There is a dispute about who inherits, or someone claims the decedent had a valid will that you haven’t seen.
The estate includes businesses, real estate, or complicated financial accounts.

Helpful hints

Act quickly. Courts are often sympathetic to surviving spouses and prioritize protection of estate assets.
Keep copies of everything you file with the court and every communication with family members and funeral directors.
Do not sign documents that transfer ownership of property without consulting counsel or the probate court.
Ask the probate court clerk for local forms and procedures. Each county can have specific requirements.
Consider mediation for family disputes if emotions are high and the estate is not at immediate risk—mediation can be faster and less expensive than litigation.
Document any financial reliance you had on the deceased (joint accounts, mortgage payments, bills) as this can be relevant to spousal claims and the administration process.

Where to find South Carolina legal resources

South Carolina Code — Title 62 (Probate): https://www.scstatehouse.gov/code/title62.php
Intestate succession chapter: https://www.scstatehouse.gov/code/t62c002.php
Administration of estates: https://www.scstatehouse.gov/code/t62c003.php
South Carolina Judicial Branch (probate court information and county contacts): https://www.sccourts.org/

Final note: State law provides important protections for surviving spouses, but enforcing those protections often requires prompt court action. If relatives are actively cutting you out, contact the county probate court and a South Carolina probate attorney as soon as possible.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws change and facts matter. Consult a licensed South Carolina attorney about your specific situation.