A primer on laws of intestacy in South Carolina

Estate planning can be a tricky process. While a Bluffton resident may recognize the need to prepare a sound estate plan to protect their loved ones and assets when they die, they may also feel overwhelmed about the decisions they must make. For some, feelings of confusion and worry may prevent them from proactively creating estate plans that meet their needs and expectations.

This can be a problem, however, when an individual dies without a will or any testamentary documentation to support their intentions for the distribution of their estate. When a person dies in this state, they are said to have died intestate and their estate will be distributed based on South Carolina’s intestacy laws. This post will generally discuss intestacy laws in the state, but no part of this post should be read as legal guidance or advice.

Distributing an estate based on intestacy

Intestacy laws set up a scheme through which a person’s estate is distributed. In South Carolina, the first person that an estate may pass to is the decedent’s spouse. If the decedent was married and had no kids at the time of their death, then their spouse receives their full estate.

If a person dies with a spouse and kids, the spouse receives half of the decedent’s estate and the other half goes to the kids. If the individual dies without a spouse but with children, the children inherit the entire estate.

Distribution can become more complex if a person dies without a spouse or kids. In such a case their estate would pass up to their parents, and if they died after their parents, then their estate would pass down to their siblings. Estates in intestacy tend to travel up and down the truck and branches of the decedent’s family tree until they are distributed.

How to avoid estate distribution based on intestacy

Most people would like to have more control over the distribution of their estates than what is allowed through the laws of intestacy. To achieve control over this important process, South Carolina residents can elect to create and execute their own estate plans. Estate planning attorneys are dedicated to their clients’ unique needs and can help them achieve their individual estate planning goals.