Who is entitled to receive a share of the estate?

In South Carolina, the people who are entitled to receive a share of an estate when someone passes away or is otherwise no longer able to manage their own affairs are called "heirs." Heirs are determined based on a state’s laws of intestate succession. In South Carolina, these laws generally provide that if someone dies with a surviving spouse, then the surviving spouse is entitled to receive the entire estate. If the decedent had no surviving spouse, then the estate will be divided equally among his or her children or, if the decedent had no children, among his or her siblings, parents, grandparents, and so on. If the decedent had no living heirs, then his or her estate will be divided among the state. With regards to probate law in South Carolina, it is important to note that the intestate succession laws are subject to certain exceptions. If, for example, the decedent dies with an estate plan (such as a will or trust), then those documents will dictate which individuals are entitled to receive a share of the estate. In addition, if certain family members decide to make claims against the estate or if the estate owes money to creditors, then the estate must be divided accordingly. In conclusion, the individuals who are entitled to receive a share of an estate in South Carolina when someone passes away or is otherwise unable to manage their own affairs are determined by the state’s laws of intestate succession. These laws provide that the surviving spouse is entitled to the entire estate, and if there is no surviving spouse, then the estate will be divided among the decedent’s heirs according to the order of proximity. If the decedent had no living heirs, then the estate will be divided among the state. However, these laws can be overridden by a valid estate plan, and if the estate owes money to creditors or other parties, then the estate must be divided accordingly.

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