Is there a limit to the amount a surviving spouse can receive from the estate?

In South Carolina, the amount that a surviving spouse can receive from an intestate estate is limited. Intestacy laws are in place to determine who should receive the estate of a deceased person when no will is present. When someone dies without a will in South Carolina, the laws of intestate succession decide who will receive the property of the deceased. Under S.C. Code § 62-2-102, the surviving spouse may receive the entire intestate estate if there are no surviving children or other descendants. If there are surviving children or other descendants, the surviving spouse will generally receive the entire intestate estate if the deceased has no surviving parent or sibling. The surviving spouse will not receive more than the intestate share that corresponds to his or her relationship to the deceased. Generally speaking, the surviving spouse of a deceased person who dies without a will in South Carolina is limited to one-half of the intestate estate. This means that the surviving spouse will receive one-half of the property of the estate that is subject to intestacy. The other half will be divided among the other heirs. If there are no other heirs, the surviving spouse will receive the entire estate. In any case, the surviving spouse cannot receive more than what the intestacy laws provide for.

Related FAQs

Are there any restrictions on who can serve as the executor of an intestate estate?
How do state laws of intestacy apply to same-sex couples?
Can a deceased person's debts be discharged in an intestate estate?
What happens to debts in an intestate estate?
What is intestate succession law?
What kind of assets are subject to intestate succession?
How are tangible personal property and real estate handled in an intestate succession?
What happens to retirement benefits in an intestate succession?
How can a surviving spouse protect their rights in an intestate estate?
What happens to the surviving spouse in an intestate estate?

Is there a limit to the amount a surviving spouse can receive from the estate?

Related FAQs

Related Blog Posts