Does an intestate estate automatically go to a surviving spouse?

In South Carolina, an intestate estate (an estate when a person dies without a will) will automatically go to the surviving spouse, under most circumstances. Generally speaking, a surviving spouse will generally take the entire intestate estate, if no surviving descendants (children, grandchildren, great-grandchildren, etc.) of the deceased exist. If the deceased had children but no surviving spouse, then the children will take the entire intestate estate. If the deceased had a surviving spouse and children, then the surviving spouse is entitled to the first one-third of the estate, and the remaining two-thirds will go to the children. However, if the deceased has a surviving spouse and stepchildren, but no children of the deceased, then the surviving spouse only has a right to the first one-half of the estate. The remaining half will go to the stepchildren. The intestate succession law in South Carolina is quite complex, and the above is only a brief summary of the law. It is important to understand the details of how intestate succession works in South Carolina in order to ensure that the rightful heirs receive their appropriate share of the estate. If you are unsure about any aspect of intestate succession, it is recommended that you seek the assistance of an experienced South Carolina estate attorney.

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Does an intestate estate automatically go to a surviving spouse?

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