What is the difference between intestate and testate succession?

Intestate succession is the process of passing on a person’s estate or assets when they die without a valid will. In South Carolina, the intestate succession law governs how the assets will be distributed among the heirs. The law is based on the principle of descent and distribution which assumes that a deceased person’s estate should pass to his or her closest legal heirs. Testate succession is a process of passing on a person’s estate or assets when they die with a valid will. A will is a legal document that provides certain instructions as to how the deceased wishes his or her estate to be disposed of after death. This document must meet certain requirements to be considered valid in each state, and if it does it will be pronounced valid by the court. The main difference between intestate succession and testate succession is that with testate succession, the deceased’s wishes take precedence. With intestate succession, the laws of the state of South Carolina will determine who is entitled to the deceased’s property and in what proportion. In addition, with intestate succession, anyone missing in the line of legal heirs will not receive anything, even if the deceased would have wanted them to receive a portion of the estate. With testate succession, the wishes of the deceased expressed in the will are followed, regardless of who is in the line of legal heirs.

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What is the difference between intestate and testate succession?

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