Several different South Carolina inheritance laws could impact your right to receive property or what happens to your property after you pass away. In many cases, you can choose to set up your estate how you wish, but South Carolina law will control your property disposition if you don’t create a will or other estate planning documents.
South Carolina Intestacy Laws
Intestacy laws apply when a person dies without a will. If you create a will, for the most part, you can leave your property to anyone you want. You can give some or all of your property to family members, friends, or charities.
If you pass without a will, South Carolina intestacy laws decide how your property is distributed. The distribution depends on whether you are married and how many surviving family members you have.
If you have a spouse and no children, your spouse will inherit your entire estate. If you have a spouse and children, your spouse gets half, and the remaining estate is split equally amongst the children.
If you have no spouse or children, your parents will receive your estate. If you don’t have a spouse, living parents, or children, then the intestacy laws will give your property to more remote relatives. If you have no living relatives of any kind, then the state of South Carolina will receive your property.
Other South Carolina Inheritance Laws
South Carolina does not levy an estate or inheritance tax. Large estates may be subject to the federal estate tax, and you may need to pay inheritance if you inherit property from someone who lives in another state.
You should also keep in mind that some of your property won’t technically be a part of your estate. For example, a jointly-owned bank account would pass to the joint owner. A retirement account would pass to the named beneficiary, regardless of whether you have a will or who the beneficiary is.
South Carolina also has laws that limit your ability to disinherit your spouse. If you created a will before you were married or while you were married that disinherited your spouse, the surviving spouse may still have a right to a portion of your estate.
The lawyers at King Law can help you plan for what happens after you’re gone, and we’re here to help you get a better sense of where you stand. We invite you to come in and talk with one of our attorneys in person during a consultation. Our number is (888) 748-5464 or (888) 748-KING, or fill out a contact form.
FAQ: South Carolina Inheritance Laws
1. What happens if I die without a will in South Carolina?
If you die without a will (intestate), South Carolina’s intestacy laws determine how your property is distributed. Typically, your estate will pass to your closest relatives—such as a spouse, children, parents, or siblings—based on a legally defined priority list, ensuring that South Carolina beneficiary rights are upheld according to state law.
2. Will my spouse inherit everything if I die intestate?
It depends. If you die with a spouse and no children, your spouse inherits your entire estate. If you have both a spouse and children, your spouse receives half of your estate, and your children share the other half. These South Carolina inheritance laws are designed to balance interests fairly between spouses and descendants.
3. Who inherits if I don’t have a spouse or children?
If there is no surviving spouse or children, your estate would pass to your parents. If your parents are deceased, then more distant relatives such as siblings, nieces, nephews, or cousins may inherit. If no relatives can be found, your property may ultimately go to the state of South Carolina.
4. Does South Carolina have an inheritance or estate tax?
Is there an inheritance tax in South Carolina? No, there is no inheritance tax in SC or estate tax in South Carolina at the state level. However, large estates may be subject to the federal estate tax. If you inherit property from someone who lived in another state, that state’s inheritance laws may apply and could include SC inheritance tax implications if misinterpreted.
5. Are jointly-owned assets included in my estate?
Not necessarily. Assets like joint bank accounts or real estate with rights of survivorship usually pass directly to the surviving owner. Similarly, retirement accounts and life insurance proceeds go to the named beneficiary, regardless of what’s stated in your will. These are governed by South Carolina beneficiary rights and not always subject to probate.
6. Can I disinherit my spouse in South Carolina?
Not completely. Even if your will attempts to disinherit your spouse, they may still be entitled to an “elective share” under South Carolina law, which is a portion of the estate (usually one-third). This protects beneficiary rights and ensures fair treatment under South Carolina inheritance law.
7. How can I ensure my estate goes to the people I choose?
Creating a valid will and comprehensive estate plan is the best way to ensure your property is distributed according to your wishes. Consulting with an estate planning attorney can help you navigate South Carolina estate tax, protect beneficiary rights, and avoid issues related to inheritance tax SC misconceptions.
8. Can a will be challenged in South Carolina?
Yes, a will can be contested for several reasons, including lack of mental capacity, undue influence, or failure to meet legal requirements. These disputes are typically resolved in probate court and may impact how South Carolina estate tax or distribution is handled.
9. What if I already made a will before I got married?
If you created a will before your marriage, your spouse may still have a legal claim to a portion of your estate—even if they are not included in the will—unless they waived their rights in a valid prenuptial or postnuptial agreement. South Carolina beneficiary rights are designed to protect spouses in such situations.10. Do I need an attorney to write a will in South Carolina?
While you can legally write your own will, hiring an estate planning attorney helps ensure it meets all legal requirements and reflects your wishes accurately. A well-crafted plan also helps avoid confusion around estate tax South Carolina issues and reduces the risk of challenges from family members or creditors.