Affidavit of Heirship in South Carolina
Whether South Carolina lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute provides an affidavit of heirship for real estate. Heirs are determined by the probate court: a formal proceeding may ask for an order that the decedent died intestate (which determines the heirs) or probate a will, after notice and hearing. S.C. Code §§ 62-3-401, 62-3-1201
| Affidavit / determination of heirship | No statute provides an affidavit of heirship for real estate. Heirs are determined by the probate court: a formal proceeding may ask for an order that the decedent died intestate (which determines the heirs) or probate a will, after notice and hearing. The small estate affidavit cannot transfer real estate. Source: S.C. Code §§ 62-3-401, 62-3-1201 |
|---|---|
| Who inherits without a will | Spouse and no children or other descendants: spouse takes the entire estate. Spouse and descendants: spouse takes one-half and the descendants share the other half. No spouse: descendants take everything; if none, parents; then the parents' descendants (brothers, sisters, nieces, nephews); then grandparents and their descendants, then great-grandparents and their descendants, split between the paternal and maternal sides. Source: S.C. Code §§ 62-2-102, 62-2-103 |
More South Carolina estate law
- Medical Power of Attorney in South Carolina
- Small Estate Affidavit in South Carolina
- Power of Attorney in South Carolina
- Quitclaim Deeds and Transferring Property in South Carolina
- Who Inherits If You Die Without a Will in South Carolina
- How to Make a Valid Will in South Carolina
- How Probate Works in South Carolina
- Living Wills and Advance Directives in South Carolina
- Revocable Living Trusts in South Carolina
- Executor Duties in South Carolina
- Letters Testamentary in South Carolina
- How to Avoid Probate in South Carolina
- Transferring a Car After Someone Dies in South Carolina
- All South Carolina wills, probate and estate rules
FAQ
Does South Carolina have an affidavit of heirship?
No statute provides an affidavit of heirship for real estate. Heirs are determined by the probate court: a formal proceeding may ask for an order that the decedent died intestate (which determines the heirs) or probate a will, after notice and hearing. The small estate affidavit cannot transfer real estate.
Who inherits if someone dies without a will in South Carolina?
Spouse and no children or other descendants: spouse takes the entire estate. Spouse and descendants: spouse takes one-half and the descendants share the other half. No spouse: descendants take everything; if none, parents; then the parents' descendants (brothers, sisters, nieces, nephews); then grandparents and their descendants, then great-grandparents and their descendants, split between the paternal and maternal sides.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.