What is the survival period for inheritance in South Carolina?

South Carolina requires an heir to survive the decedent by 120 hours to inherit (S.C. Code § 62-2-102). If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Can stepchildren or domestic partners inherit without a will in South Carolina?

Under South Carolina intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute (S.C. Code § 62-2-102). Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners.

What Happens If You Die Without a Will in South Carolina?

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.Data verified 2026-07-15

Frequently Asked Questions

South Carolina intestacy laws determine who inherits when there is no will. South Carolina follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in South Carolina depends on family structure. With no children: Entire estate. With shared children: Half of the estate. When children from a prior relationship survive: Half of the estate.

South Carolina uses the "per stirpes" distribution method. Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. By representation (per stirpes)

South Carolina requires an heir to survive the decedent by 120 hours to inherit. If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under South Carolina intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute. Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The South Carolina will signing requirements page outlines what is needed to execute a valid will.

Probate costs in South Carolina depend on estate size and complexity. Estates valued at $45,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the South Carolina probate cost calculator for a detailed estimate.

Intestacy Laws in South Carolina

Under South Carolina intestacy law, a surviving spouse's inheritance depends on who else survives. The spouse receives Entire estate when there are no descendants. With children from a prior relationship, the share adjusts to Half of the estate.

South Carolina distributes assets to descendants using the Per stirpes method. An heir must survive the decedent by 120 hours to inherit — otherwise, their share passes to the next eligible relative.

For smaller estates, South Carolina offers a simplified procedure for estates under $45,000, avoiding formal probate entirely. The probate cost calculator provides a detailed fee estimate for estates that exceed this threshold.

Intestacy rules only apply to assets without a designated beneficiary or title-based transfer. A revocable living trust overrides intestacy law, names specific beneficiaries, and avoids South Carolina probate entirely — assets transfer privately without court involvement.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from South Carolina statutes and official state code. How we research.

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