How is an intestate estate divided among multiple heirs?

In South Carolina, if a person dies without a valid will (intestate), their estate will be divided among their heirs, per intestate succession law. Intestate succession law is the law that governs how an estate is distributed when a person passes away without writing a will. In South Carolina, the intestate succession law is outlined in the South Carolina Probate Code. Under this law, any estate assets are divided among the individuals in the deceased’s family according to a specific order. This order is specified through the law and is the same in every case. First, any surviving spouse of the deceased person inherits all of the estate, with the exception of the deceased’s surviving children. If the deceased does not have a surviving spouse, then the estate is divided between the deceased’s surviving children. If the deceased has no surviving spouse or children, the estate is divided between any surviving parents of the deceased. If there are no surviving parents, then the estate is divided among any surviving siblings of the deceased. If there are multiple individuals in one immediate family who are of the same degree of relationship to the deceased, such as multiple siblings, then they generally share the estate equally in accordance with the intestate succession law. In some cases, it may be necessary to file a case in probate court to determine inheritance rights, due to factors such as adopted children or illegitimate children. In all cases, the state of South Carolina will ultimately determine the right of each individual to receive a share in the estate.

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How is an intestate estate divided among multiple heirs?

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