Are there any restrictions on how an intestate estate can be divided?

Yes, there are restrictions on how an intestate estate can be divided in South Carolina. Generally, the laws of intestate succession dictate how an estate should be distributed among the decedent’s heirs, so that the estate is divided according to the wishes of the deceased, as expressed in a will or trust. South Carolina intestate succession law will divide an estate among the decedent’s surviving spouse, children, and parents, or if none exist, then to the decedent’s siblings or other heirs as provided for by the law. South Carolina law also limits the amount that a surviving spouse can receive from this distribution; the surviving spouse can receive an elective share of one-third of the estate, or what the law considers to be the surviving spouse’s rightful share, if it is greater or less than one-third. In addition, the law provides that if the estate must be divided among multiple heirs, each heir shall receive an equal share of the estate, and any heir that is a minor shall receive their inheritance through a guardian or custodian. Furthermore, any funds or property held in a trust may also be subject to intestate succession law, though this varies from case to case. In summary, South Carolina intestate succession law restricts how an estate is divided and provides certain limitations with regards to the distribution, such as the surviving spouse’s elective share and the distribution of an estate among multiple heirs.

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Are there any restrictions on how an intestate estate can be divided?

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