How is an intestate estate divided if there is no surviving spouse?

In South Carolina, when a person dies intestate, or without a will, the estate is divided up according to the laws of intestate succession. If there is no surviving spouse, the estate is divided among the deceased’s closest living relatives. First, any surviving children are entitled to an equal share of the estate. If there are no children, however, the parents of the deceased are entitled to the entire estate. If the deceased has no living parents, the estate is divided among the deceased’s siblings. If there are no living siblings, the estate is then divided among the deceased’s nieces and nephews, or other more distant relatives. Finally, if the deceased has no living relatives, the estate is transferred to the state. The state will handle the administration of the estate and distribute any assets to the appropriate parties, such as creditors and debtors. In South Carolina, the laws of intestate succession are designed to ensure that a deceased’s estate is divided among his or her closest relatives, and that the estate is not transferred to the state when there are relatives who could benefit from it.

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How is an intestate estate divided if there is no surviving spouse?

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