When you don't have a will in South Carolina...
South Carolina Intestate Succession Laws
If any part of a South Carolina decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent. However, the amount a surviving spouse is entitled to varies as follows:
* If there is no surviving issue (e.g., child or grandchild) of decedent, the surviving spouse is entitled to the entire intestate estate.
* If there are surviving issue of the decedent, the surviving spouse is entitled to one-half of the intestate estate.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:
1. Decedent's issue. If they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation.
2. Decedent's parent or parents equally.
3. Parents' issue or either of them by representation.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent or, if the issue are of unequal degree, those of more remote degree take by representation. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
5. If none of the above relatives are available, but the decedent is survived by one or more great-grandparents or issue of great-grandparents, half of the estate passes to the surviving paternal great-grandparents in equal shares, or to the surviving paternal great-grandparent if only one survives, or to the issue of the paternal great-grandparents if none of the great-grandparents survive, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation. The other half passes to the maternal relatives in the same manner. If there is no surviving great-grandparent or issue of a great-grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
6. If none of the above relatives are available, but the decedent is survived by one or more stepchildren or issue of stepchildren, the estate passes to the surviving stepchildren and to the issue of any deceased stepchildren. If they are all of the same degree of step-kinship to the decedent they take equally. If they are of unequal degree, then those of more remote degree take by representation.
If representation is called for as indicated above, the estate is divided into as many equal shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among his issue in the same manner. If an interest created by intestate succession is disclaimed (i.e., legally refused), the beneficiary is not treated as having predeceased the decedent for purposes of determining the generation at which the division of the estate is to be made.
3. State of South Carolina. If there is no taker under any of the above provisions, the intestate estate passes to the state of South Carolina.
South Carolina Intestate Succession Law Fun Facts
* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* Issue of the decedent (but no other persons) conceived before his death, but born within ten months thereafter, inherit as if they had been born in the lifetime of the decedent.
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of South Carolina gets the intestate estate.
* Irresponsible parents beware! Parents who failed to reasonably provide support for the needs of the decedent during his or her minority may have their intestate share of the estate reduced or eliminated entirely by the probate court. The probate court may consider this option upon the motion of either parent or any other person with a potential interest in the estate.
* South Carolina's intestate succession laws, as well as other related laws, can be found in Title 62 of the South Carolina Code of Laws.
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CCH Financial Planning Toolkit | South Carolina Intestate Succession Laws
