If you die without a will in South Carolina, your probate estate passes under the intestacy statute: everything to your spouse if you have no descendants; half to your spouse and half to your children if you do; and if you have no spouse, to your children, then parents, then siblings and more distant relatives. The probate court appoints the personal representative, and a judge chooses the guardian for minor children.
Who inherits under South Carolina intestacy law
| If you leave… | Your probate estate goes to… |
|---|---|
| A spouse and no descendants | Spouse—everything |
| A spouse and descendants | Spouse one-half; descendants share one-half |
| Descendants and no spouse | Descendants, by representation (a deceased child's share goes to that child's children) |
| No spouse, no descendants | Parents; then siblings and their descendants; then grandparents and their descendants; then more distant relatives |
| No relatives at all | The State of South Carolina |
The rules are in S.C. Code §§ 62-2-102 and 62-2-103. Adopted children inherit exactly as biological children; stepchildren, foster children, unmarried partners and friends inherit nothing.
What “probate estate” leaves out
Intestacy only controls assets that go through probate. Jointly owned property with survivorship, life insurance and retirement accounts with named beneficiaries, and accounts with payable-on-death designations pass by their own terms. That is why two families with identical wills (or none) can have very different outcomes.
Who is in charge
The court appoints a personal representative in a statutory order of priority—surviving spouse first, then heirs—and may require a bond. Disagreements among adult children about who serves are one of the most common reasons an intestate estate ends up in a hearing.
Minor children
A judge chooses their guardian based on the evidence presented, without knowing your wishes. A child's inheritance is held in a conservatorship and paid out at eighteen, regardless of maturity. A will fixes both problems with two paragraphs.
If someone in your family has already died without a will
The estate still goes through probate, in the county where the person lived. We help families open the estate, determine heirs, deal with creditors and distribute correctly. Start with our probate overview or call (843) 419-6653.
Write your own rules.
A will-based plan takes one meeting and a signing. Call for a flat-fee quote.
Questions people ask
Does my spouse get the house if I die without a will?
If the house is titled jointly with survivorship, yes, automatically. If it is in your name alone and you have children, your spouse receives a half interest and the children the other half.
Do I have to go through probate if there is no will?
Usually, unless the estate is small enough for an affidavit or everything passes outside probate. See small estate affidavits.
Related pages
Last will and testament
Who inherits, who is in charge, and who raises the kids—decided by you, not the statute.
Learn moreProbate
Estate administration, executor guidance, small estates, disputes and guardianship.
Learn moreThe probate process
Every step from delivering the will to closing the estate, with the deadlines that matter.
Learn more