Probate in South Carolina: What Your Family Goes Through Without a Will

Probate is the rule rather than the exception for estates in South Carolina, but not every asset ends up there. If the deceased does not have a will, this is known as intestate succession. An estate will go through probate in South Carolina if there is no will, with the exception of a few circumstances.

These categories typically pass directly to a named person.

• Life insurance policies with a listed beneficiary.

• Retirement accounts with a listed beneficiary.

• Bank or brokerage accounts where you have specified a payable-on-death or transfer-on-death designation.

• Property owned jointly with right of survivorship.

If none of the above were done prior to a person’s death, an estate without a will does go through probate in South Carolina. If the entire probate estate is valued at $45,000 or less, and at least 30 days have passed since the death, you can use a small estate affidavit rather than going through full probate.

Succession Laws Without a Will in South Carolina

South Carolina's inheritance rules hinge on a distinction that trips up a lot of families. This involves how property is classified. South Carolina is a common law property state which means that ownership is determined by whose name is on the property or account.  

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If the estate doesn't have any of the above stipulations, the estate will go through probate and be distributed according to the following lines of succession.

• If you have no descendants, your spouse gets everything in the estate.

• If you have descendants, your spouse inherits 1/2 of your estate. Your descendants get the other 1/2. This flat split applies whether or not your children are also your spouse's children.

• If you have children but no spouse, your children inherit everything and it is divided equally among them.

• If you have no spouse and no children, your parents inherit everything, followed by your siblings.

South Carolina Probate Process

South Carolina probate is handled by the Probate Court, and the personal representative must file an inventory within 90 days of appointment. South Carolina has no state estate or inheritance tax. A surviving spouse can also claim a flat one-third elective share of the probate estate in place of what a will provides, a simpler rule than the sliding scales used in many other states.

Avoiding Probate in South Carolina

Most families can steer the bulk of an estate around probate with these tools.

• Encourage your loved ones to put their assets in a revocable living trust. A living trust is private and gives you more control over your assets. You manage it as trustee and then name a successor trustee who takes over after your death, although they must distribute assets according to the stipulations in the trust.  

• Your loved ones can place beneficiaries on financial and retirement accounts using a payable-on-death (POD) transfer-on-death (TOD) designation. Ownership passes automatically.  

• Give your spouse or another owner automatic ownership of property when you establish joint ownership with right of survivorship.  

Want to learn more about trusts in South Carolina? Check out FeedingBird’s will versus trust comparison chart.