Elective Share in South Carolina
State-specific overview · Estate & Probate
A surviving spouse may claim one-third of the estate if there are children, or one-half if there are none.
How South Carolina treats Elective Share
South Carolina provides a surviving spouse with an elective share under its probate code. The spouse receives one-third of the net estate if the deceased left surviving children, and one-half if no children survive. The surviving spouse must affirmatively elect to take this share within the statutory timeframe, generally within nine months of death. This elective share right overrides any provision in the will that would give the spouse less.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Carolina.