Will the State of South Carolina get my estate if I die without a will?

The short answer is, although it is theoretically possible, probably not. The State of South Carolina is far down on the list of possible places where your estate goes. If you die without a will in South Carolina it is called dying intestate. Under the laws of intestacy, if you only have a surviving spouse, he or she inherits everything. If you have a spouse and children, then the spouse gets one half and the children split the other half (for example, if you have three kids, they are entitled to one sixth each.) If you only have surviving children, then they will split everything. Each predeceasing child’s share gets split amongst their children. After that, there is a whole intestacy scheme of who gets what when. (Another good reason to do a will). The state, though, is far down the list.

This blog is for information only. It is not legal advice, and I am not your attorney just because you are reading it. If you have any questions, contact an attorney for a full discussion of the issues that may be relevant to your situation.

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