How is an intestate estate divided if there are no surviving relatives?

If no surviving relatives are present at the time of death, interstate succession law in South Carolina dictates that the entirety of the estate will be transferred to the state of South Carolina. The state will then distribute the estate in accordance with South Carolina Code Section 62-3-103. This transfer of estate is known as “escheat” and is a common process of transferring property without a will or legal relatives in place. In accordance with this law, the state is entitled to the entire estate after all costs, debts, and taxes are satisfied. The state is then responsible for transferring these assets to the public schools of the county in which the decedent resided. The state will also be responsible for transferring any remaining assets to the South Carolina Treasurer’s Office in order to replenish the state’s General Fund. This process of intestate succession law is designed to ensure that the estate is distributed fairly and equitably, regardless of the surviving relatives or lack thereof. It is important to understand, however, that failure to have a valid will in place prior to death can lead to a more complicated transfer of assets as well as longer probate court proceedings. A valid, up-to-date will can help protect the assets of the decedent and ensure that they are passed on according to the decedent’s wishes.

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How is an intestate estate divided if there are no surviving relatives?

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