Dying Intestate South Carolina

Married with no children
The entire estate goes to the surviving spouse.
Married with child or children
One half of the estate goes to the surviving spouse and the other half is divided among the decedent’s children.
Order of estate distribution if spouse survives
The part of the estate not passing to the surviving spouse goes to the children of the decedent.  If they are all of the same degree of kinship to the decedent they take equal shares; if they are not of the same degree of kinship then those of more remote degree take by representation.
No spouse survives (or the deceased was not married) but there are other relatives
1) children
2) The parents of the deceased or their surviving children
3) Grandparents or their children
4) Stepchildren or their children
No surviving relatives
The entire estate passes to the State of South Carolina.
State link
Special notes
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.

One thought on “Dying Intestate South Carolina

  1. Pat Martin

    My sister and I were not legally adopted by my stepdad. He has been married to our mother for almost 60 years. Would we be considered stepchildren under the instestacy laws of S.C.?

    Pat Martin

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