Can an intestate estate be divided unequally among heirs?

Yes, an intestate estate can be divided unequally among heirs in South Carolina. The state of South Carolina does not have a set of rules that dictate how an intestate estate should be divided, which means that the estate can be divided in any manner that the personal representative sees fit. When it comes to distributing an intestate estate, the personal representative of the estate must refer to the intestacy laws of South Carolina. These laws consider the surviving heirs and determine who is entitled to the estate. Generally, South Carolina law requires that the estate is divided equally among the surviving heirs, meaning that all of them receive the same share of the intestate estate. However, there are instances where a personal representative may decide to divide the estate unequally. This is generally done when there are unique facts or circumstances that create an obligation on the personal representative to disburse the estate differently. For instance, if a will contains specific instructions regarding how the estate should be divided, the personal representative must follow these instructions. This means that if the will indicates that the estate should be divided unequally, then the personal representative must divide the estate as so. In summary, while South Carolina law typically requires that an intestate estate be divided equally, a personal representative has the power to divide the estate unequally in certain circumstances. If there are any specific instructions regarding how the estate must be divided, then the personal representative must follow those instructions even if they require an unequal division of the estate.

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