What is an intestate succession?
An intestate succession is a situation in which a person has died without having made a valid will. This happens when the deceased person did not make a will, made a will that was declared invalid, or made a will that did not dispose of all of his/her property. In this situation, their property is then distributed according to South Carolina intestacy law. Intestacy law is a set of laws which are based on the laws of the state and determine how a deceased person’s property is distributed if they fail to make a will. When a person dies intestate, their property is distributed to their legal heirs, which are the people who are legally entitled to receive it under the laws of succession in South Carolina. The order of legal heirs follows, in order of priority, the deceased’s surviving spouse, then all surviving children, all surviving parents, and finally all surviving siblings, depending on the family’s circumstances. Determining an intestate succession can be complex and it is advised to consult with a qualified attorney.
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