Dying Without A Will
S.C. Code 62-2-102 — the spouse takes all, or one-half where there are children
The spouse. The surviving spouse takes the entire intestate estate if the person left no surviving issue, and one-half of it if there are surviving issue.
- To the person's issue, equally if all are of the same degree of kinship, otherwise by representation.
- If there are no issue, to the person's parent or parents equally.
- If there are no issue or parents, to the issue of the parents, by representation.
- If none of those, half to the grandparents or their issue on each side, with the whole going to one side if the other has none.
- If none of those, half to the great-grandparents or their issue on each side, on the same terms.
That is how the part of the estate not passing to the spouse, or all of it if there is no spouse, passes.
Property passing outside the estate, such as joint accounts with survivorship and beneficiary designations, is not on this page, and neither are the homestead allowance and exempt property. Who inherits in a particular family is a question for a licensed South Carolina attorney.
Sources for this section (2)
- S.C. Code 62-2-102 — Share of the spouse
- S.C. Code 62-2-103 — Share of heirs other than surviving spouse
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.