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South Carolina Intestacy Laws

These are selections from the South Carolina intestate succession statutes.  (Title 62 - South Carolina Probate Code, Chapter 2, Intestate Succession and Wills)


 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


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;



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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The South Carolina intestate succession statutes may be found in full by selecting this link.  (Title 62 - South Carolina Probate Code, Chapter 2, Intestate Succession and Wills)


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