WLF Hypothetical Thursdays: John, A Married Father of Two

Hypo: John, a resident of South Carolina, recently passed away without a will. He is survived by his spouse, Jane, and their two children. What happens to John's estate under the South Carolina Probate Code?

In South Carolina, when a person dies without a will, it is referred to as dying "intestate." In this scenario, since John passed away without a will and is survived by his spouse, Jane, and their two children, the distribution of his estate would follow the rules outlined in the South Carolina Probate Code.

According to the South Carolina Probate Code, if a person dies intestate and is survived by a spouse and children, the estate will be distributed as follows: The surviving spouse, Jane, would be entitled to one-half (50%) of the decedent's estate, and the remaining one-half (50%) would be divided equally among the children.

In this case, Jane would receive one-half (50%) of John's estate, and the two children would split the remaining one-half (50%) equally.

It's important to note that specific details, such as the value of the estate and any outstanding debts or claims, could impact the final distribution. Additionally, the South Carolina Probate Code provides for different distribution rules if there are children from a previous relationship or if John had no surviving spouse. Consulting with an attorney who specializes in estate planning and probate in South Carolina would be advisable to ensure accurate guidance based on the specific circumstances of the family.