Intestate Succession in South Carolina
State-specific overview · Estate & Probate
South Carolina gives the surviving spouse the entire estate if no children exist; with children, the spouse and children share equally.
How South Carolina treats Intestate Succession
South Carolina's intestate law provides that a surviving spouse with no descendants inherits all property. When children or other descendants survive, the spouse receives one-third of the estate and the descendants split the remaining two-thirds. If no spouse survives, descendants inherit in order of closeness, with representation allowing grandchildren to inherit their parent's share if that parent has died.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.