Can an intestate estate be passed to more than one heir?
Yes, an intestate estate can be passed to more than one heir in South Carolina. When a person dies without a will in South Carolina, their estate is divided according to the laws of intestate succession. This means that an estate is divided and distributed among the heirs according to a statutory scheme. The intestate succession scheme in South Carolina is outlined in §62-2-102 of South Carolina Code. According to this section, when a person dies without a will, the deceased’s estate will pass in the following order; first, to the surviving spouse,if any; second, if there is no surviving spouse, then to the deceased’s children; third, if the deceased has no children, then to the deceased’s parents; fourth, if the deceased has no parents, then to the deceased’s brothers and sisters; and lastly, if the deceased has no brothers or sisters, then their estate will pass to the deceased’s nearest kin. If the deceased has more than one heir in the same category, then the heirs will share the estate equally. For example, if the deceased has two children, then each child will receive 50% of the estate. Similarly, if the deceased has three brothers or sisters, then each of them will receive 1/3 of the estate. Therefore, an intestate estate can be passed to more than one heir in South Carolina.
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