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Intestate Succession Laws in South Carolina

In South Carolina, a surviving spouse inherits one-half of the estate when the deceased leaves children or other descendants, and the entire estate when there are no descendants, even if parents are alive. South Carolina is not a community property state.

Last checked . General information, not legal advice.

South Carolina at a glance

Spouse share with shared children
1/2 of the estate
This applies whether or not the children are also the spouse's children.
Spouse takes all with shared children
No
The spouse takes one-half of the estate and the children share the rest.
Spouse share with parents, no descendants
Entire estate
Community property state
No
Not listed by the IRS among the community property states.

Sources

Last checked

The rules in South Carolina

How much does a surviving spouse inherit in South Carolina when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in South Carolina: 1/2 of the estate. This applies whether or not the children are also the spouse's children.

Does a surviving spouse in South Carolina inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in South Carolina: no. The spouse takes one-half of the estate and the children share the rest.

How much does a surviving spouse inherit in South Carolina when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in South Carolina: Entire estate.

Is South Carolina a community property state?

No. Community property state in South Carolina: no. Not listed by the IRS among the community property states.

Where do the South Carolina intestate succession laws come from?

The rules above come from S.C. Code 62-2-102. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.