What Happens if You Die Without a Will in South Carolina?
South Carolina's intestate succession law fills in the blank when there's no will. Under these rules, inheritance is based on marital status and surviving relatives. Here's the rundown. South Carolina keeps the married-with-children scenario simpler than most states, without splitting it into blended-family tiers.
If You are Married with Children
Your spouse inherits 1/2 of your estate, and your children inherit the other 1/2, regardless of whether your children are also your spouse's.
If You are Married Without Children
Your spouse inherits your entire estate if you have no children. .
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets which are divided equally among them.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of South Carolina. This is rare because the law conducts a thorough search for relatives first.
Other Things to Know about Dying Without a Will in South Carolina
- Heirs generally must survive you by 120 hours to inherit any part of an estate.
- Stepchildren and foster children who were not legally adopted don't inherit, and unmarried partners have no automatic inheritance rights.
- A child conceived before your death but born within ten months of it will still receive a share.
When Does an Estate Go Through Probate Without a Will
If you die without a will in South Carolina, your estate may still avoid full probate if it's valued at $45,000 or less, using a small estate affidavit available 30 days after death. Larger estates go through the Probate Court.
View this article to learn more about probate in South Carolina.
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