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Who receives property of the estate if no Will in South Carolina?

Who receives property of the estate if no Will in South Carolina?

Full question:

My father passed away recently. He had remarried after he divorced my mother. I have a stepbrother from his second marriage. He hasn’t left a will behind. How will the property be divided per the laws in South Carolina?

Category: Wills and Estates
Subcategory: Intestacy
Date: 04/07/2025
State: South Carolina

Answer:

In South Carolina, issues of the decedent are given importance in the case of an intestate succession which is only second to the rights of the surviving spouse in the estate. S.C. Code Ann. § 62-2-102 governs the rights of the surviving spouse and the issues of the decedent in the estate of the deceased. It reads:
“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.”
Per the above-quoted provision, in the case at hand, the property shall divulge on the surviving member in the following manner:
1. The surviving spouse of the decedent (the second wife) gets one-half of the estate.
2. The decedent had two issues (one from a prior marriage). Both of them shall be entitled to an equal share in the remaining half of the property.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to inheritance when a parent remarries?

When a parent remarries, the new spouse may have rights to the parent's estate, especially if the parent dies without a will. In South Carolina, the surviving spouse typically inherits a portion of the estate, while the children from previous marriages also have rights to inherit. The specific distribution depends on the state's intestacy laws, which dictate how property is divided when there is no will.

Do you have a right to see your parent's will?

Yes, as a potential heir, you generally have the right to see your parent's will once it has been filed with the probate court. If your parent has passed away, you can request access to the will to understand your rights and any provisions made for you or other heirs. However, if there is no will, the estate will be distributed according to state intestacy laws.

Who inherits if there is no will?

If there is no will, the estate is distributed according to intestacy laws. In South Carolina, the surviving spouse and children are prioritized. The spouse typically receives half of the estate, while the remaining half is divided equally among the children, including those from previous marriages. This ensures that all immediate family members are considered in the distribution.

How to prove you are next of kin?

To prove you are next of kin, you may need to provide documentation such as birth certificates, marriage licenses, or legal documents that establish your relationship to the deceased. This proof is often required during probate proceedings to determine inheritance rights, especially if there is no will. It's advisable to keep these documents organized and accessible.

What is a child entitled to when a parent dies with a will?

When a parent dies with a will, the child is entitled to inherit according to the terms specified in that will. The will outlines how the parent's assets are to be distributed among heirs. If a child is omitted from the will, they may still have rights under state laws, especially if they are a minor or if the will does not adequately provide for them.

What rights does a child have when a parent dies?

When a parent dies, a child's rights depend on whether there is a will. If there is a will, the child inherits according to its terms. If there is no will, the child has rights under intestacy laws, which typically grant them a share of the estate alongside any surviving spouse. In South Carolina, children are prioritized in the distribution of assets.