How is an intestate estate divided among the surviving heirs?

In South Carolina, if someone dies without a will, their property is distributed according to the rules of intestate succession. When this happens, the surviving heirs – typically family members – share the decedent’s estate in a specific way. Under South Carolina law, if the deceased person had a surviving spouse and children, the spouse will receive two-thirds of the intestate estate, while each child will receive one-third. If there are no children, the surviving spouse will receive the full intestate estate. If there are surviving parents, the spouse will receive one half of the estate, with the remaining half divided among the parents. If the deceased person had no surviving spouse, the estate is distributed to the children in equal shares. If there are no children, the estate is divided among the surviving parents. If there are no surviving parents, the estate will be divided among the deceased’s siblings, or descendants of siblings if the siblings have passed away. Finally, if the deceased person had no surviving spouse, children, or siblings, the estate is distributed to their parents’ descendants. If there are no such descendants, the estate is distributed to the deceased’s grandparents’ descendants. If there are no surviving ancestors, the intestate estate will be distributed in accordance with the state’s laws of intestate succession.

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