If you die without a will, South Carolina sets out who will inherit your estate. If you are married and your spouse survives you and you have no “issue”, your spouse gets everything.

Surviving issue means lineal descendants, a person who is the direct line to an ancestor, naturally or by adoption. Examples include child, grandchild, great-grandchild and so forth. If you have children, then half goes to your spouse and the other half goes to your surviving issue.

If you are not married, generally your estate will be distributed as follows:

  1. To your issue
  2. If no surviving issue, then to your parents
  3. If no surviving issue, parents or issue of parents, then to grandparents or issue of grandparents
  4. If no surviving issue, parents or issue of parents, grandparents or issue of grandparents, then to great-grandparents or issue of great-grandparents
  5. If you have no family left at all, then to the State of South Carolina