What is the order of priority when dividing an intestate estate?

In South Carolina, the order of priority for dividing an intestate estate is as follows. The first person in line for receiving the estate is the surviving spouse of the decedent. The surviving spouse receives the entire estate unless there is living issue (children, grandchildren, etc.) of the decedent. If there is living issue, then the surviving spouse receives the first $50,000 plus one-half of the remaining balance of the intestate estate. Any remaining balance of the intestate estate is then divided equally among the decedent’s living issue. If there is no living issue, the entire intestate estate goes to the surviving spouse. If the decedent had no surviving spouse or children, the intestate estate is distributed in the following order: Parents of the decedent; siblings or their issue; grandparents of the decedent; aunts or uncles of the decedent; or cousins of the decedent. If the decedent had no living relatives, then the estate will go to the state. To avoid intestate succession laws, it is important to create a valid will to specify exactly how an estate should be divided upon one’s death. This will ensure that the decedent’s wishes are fulfilled.

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What is the order of priority when dividing an intestate estate?

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