|
|
SECTION 62 2 102. Share of the spouse.
The intestate share of the surviving spouse is:
(1) if there is no surviving issue of the decedent, the entire intestate
estate;
(2) if there are surviving issue, one half of the intestate estate.
SECTION 62 2 103. Share of heirs other than surviving spouse. The
part of the intestate estate not passing to the surviving spouse under
Section 62 2 102, or the entire estate if there is no surviving spouse,
passes as follows:
(1) to the issue of the decedent: 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) if there is no surviving issue, to his
parent or parents equally;
(3) if there is no surviving issue or parent, to the issue of the parents or
either of them by representation;
(4) if there is no surviving issue, parent or issue of a parent, 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, but if of unequal degree
those of more remote degree take by representation; and the other half
passes to the maternal relatives in the same manner; but if there be 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 there is no surviving issue, parent or
issue of a parent, grandparent or issue of a grandparent, 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; and the other half
passes to the maternal relatives in the same manner; but if there be 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 there is no surviving issue, parent or issue of a parent, grandparent or
issue of a grandparent, great grandparent or issue of a great grandparent,
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, but if of unequal degree
then those of more remote degree take by representation.
SECTION 62 2 105. No taker.
If there is no taker under the provisions of this article [Sections 62 2 101
et seq.], the intestate estate passes to the State of South Carolina.
SECTION 62 2 106. Representation; disclaimer by intestate beneficiary.
If representation is called for by this Code, 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, 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.
SECTION 62 2 107. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if
they were of the whole blood.
|
|
