SC risk area
Intestacy risk in South Carolina
How assets are distributed when there is no will and state default rules control the outcome.
South Carolina intestacy gives the surviving spouse the entire estate if there are no descendants; otherwise the spouse receives one-half and the remainder passes by representation.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- If there is no surviving issue, the spouse inherits the entire intestate estate.
- If there are surviving issue, the spouse inherits one-half of the intestate estate.
- The remainder passes to issue by representation; if none, to parents, then siblings, then grandparents and more remote heirs.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Questions to consider
Questions this risk area helps you evaluate in South Carolina
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
South Carolina intestacy gives the surviving spouse the entire estate if there are no descendants; otherwise the spouse receives one-half and the remainder passes by representation.
- If there is no surviving issue, the spouse inherits the entire intestate estate.
- If there are surviving issue, the spouse inherits one-half of the intestate estate.
- The remainder passes to issue by representation; if none, to parents, then siblings, then grandparents and more remote heirs.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in South Carolina.