Who Inherits If You Die Without a Will in South Carolina
South Carolina's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: 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; S.C. Code §§ 62-2-102, 62-2-103
| 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 |
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| Surviving spouse's share | A surviving spouse of a person who lived in South Carolina may elect to take one-third of the decedent's probate estate (the property passing by will or intestacy, after funeral and administration expenses and valid claims) instead of what the will provides. The elective share is figured on the probate estate, not on most non-probate assets, with a limited exception for certain revocable trusts. Source: S.C. Code §§ 62-2-201, 62-2-202 |
| Small estate affidavit | If the whole probate estate, less liens and encumbrances, is $45,000 or less, a person entitled to the property may collect personal property (money owed, bank funds, stock, tangible items) with a sworn affidavit once 30 days have passed since the death and no personal representative application is pending. The affidavit must be approved by the probate judge and filed with the probate court. Real estate counts toward the limit but cannot be transferred by this affidavit. The limit rose from $25,000 to $45,000 under 2025 Act No. 26, effective May 8, 2025. Source: S.C. Code § 62-3-1201 |
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
- 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
- Affidavit of Heirship 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
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.
What is a surviving spouse entitled to in South Carolina?
A surviving spouse of a person who lived in South Carolina may elect to take one-third of the decedent's probate estate (the property passing by will or intestacy, after funeral and administration expenses and valid claims) instead of what the will provides.
What is the small estate limit in South Carolina?
If the whole probate estate, less liens and encumbrances, is $45,000 or less, a person entitled to the property may collect personal property (money owed, bank funds, stock, tangible items) with a sworn affidavit once 30 days have passed since the death and no personal representative application is pending. The affidavit must be approved by the probate judge and filed with the probate court. Real estate counts toward the limit but cannot be transferred by this affidavit.
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.