Can a court order the division of an intestate estate?

Yes, a court can order the division of an intestate estate in South Carolina. This is done if the heirs of the estate cannot reach a mutually agreed upon division of assets amongst themselves. When an individual passes away without a will, they are said to have died intestate. This means that instead of the will being used to distribute assets, a process known as intestate succession is used. This is a system Columbia’s Probate Court uses to distribute assets to the surviving family members according to South Carolina law. Sometimes, due to competing interests or agreements among surviving relatives, it becomes impossible to determine a fair and equitable division of the assets. In these cases, the Probate Court is able to intervene and order the division of the estate. This is done using the statutory guidelines provided by South Carolina law. In addition to ordering the division of the estate, the Probate Court can also appoint a personal representative, or estate administrator, to act on behalf of the estate. This personal representative is usually tasked with selling the assets and distributing the proceeds in accordance with the court’s order. It is important to note that it is ultimately up to the Probate Court to decide whether or not to order the division of an intestate estate. This will depend on a variety of factors, including the size of the estate and the wishes of the deceased.

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Can a court order the division of an intestate estate?

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