2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 2 - INTESTATE SUCCESSION AND WILLS
2013 Act No. 100, Section 4, provides as follows:
"SECTION 4. (A) This act [amending Articles 1, 2, 3, 4, 6, and 7] takes effect on January 1, 2014.
"(B) Except as otherwise provided in this act, on the effective date of this act:
"(1) this act applies to any estates of decedents dying thereafter and to all trusts created before, on, or after its effective date;
"(2) the act applies to all judicial proceedings concerning estates of decedents and trusts commenced on or after its effective date;
"(3) this act applies to judicial proceedings concerning estates of decedents and trusts commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this act does not apply and the superseded law applies;
"(4) subject to item (5) and subsection (C) of this section, any rule of construction or presumption provided in this act applies to governing instruments executed before the effective date of the act unless there is a clear indication of a contrary intent in the terms of the governing instrument; and
"(5) an act done and any right acquired or accrued before the effective date of the act is not affected by this act. Unless otherwise provided in this act, any right in a trust accrues in accordance with the law in effect on the date of the creation of a trust and a substantive right in the decedent's estate accrues in accordance with the law in effect on the date of the decedent's death.
"(C) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or superseded."
- Section 62-2-101. Intestate estate.
- Section 62-2-102. Share of the spouse.
- Section 62-2-103. Share of heirs other than surviving spouse.
- Section 62-2-104. Requirement that individual survive decedent for one hundred twenty hours.
- Section 62-2-105. No taker.
- Section 62-2-106. Representation; disclaimer by intestate beneficiary.
- Section 62-2-107. Kindred of half blood.
- Section 62-2-108. Afterborn heirs.
- Section 62-2-109. Meaning of child and related terms.
- Section 62-2-110. Advancements.
- Section 62-2-111. Debts to decedent.
- Section 62-2-112. Alienage.
- Section 62-2-113. Persons related to decedent through two lines.
- Section 62-2-114. Limitation on parent's entitlement as intestate heirs to estate proceeds; failure to provide support for decedent during minority.
- Section 62-2-201. Right of elective share.
- Section 62-2-202. Probate estate.
- Section 62-2-203. Exercise of right of election by surviving spouse.
- Section 62-2-204. Voluntary waiver of surviving spouse's right to elective share, homestead allowance, and exempt property; property settlement in anticipation of divorce.
- Section 62-2-205. Proceedings for elective share; time limit.
- Section 62-2-206. Effect of election on benefits by will or statute.
- Section 62-2-207. Charging spouse with gifts received; liability of others for balance of elective share.
- Section 62-2-401. Exempt property.
- Section 62-2-402. Source, determination, and documentation.
- Section 62-2-403. Federal veteran payments shall be exempt from creditors' claims.
- Section 62-2-501. Who may make a will.
- Section 62-2-502. Execution.
- Section 62-2-503. Attestation and self-proving.
- Section 62-2-504. Subscribing witnesses not incompetent because of interest; effect on gifts to them.
- Section 62-2-505. Choice of law as to execution.
- Section 62-2-506. Revocation by writing or by act.
- Section 62-2-507. Revocation by divorce, annulment, and order terminating marital property rights; no revocation by other changes of circumstances.
- Section 62-2-508. Revival of revoked will.
- Section 62-2-509. Incorporation by reference.
- Section 62-2-510. Additions to trusts.
- Section 62-2-511. Events of independent significance.
- Section 62-2-512. Separate writing identifying bequest of tangible property.
- Section 62-2-601. Rules of construction and intention; reformation of will.
- Section 62-2-602. Construction that will passes all property; after-acquired property.
- Section 62-2-603. Anti-lapse; deceased devisee; class gifts.
- Section 62-2-604. Failure of testamentary provision.
- Section 62-2-605. Change in securities; accessions; nonademption.
- Section 62-2-606. Nonademption of specific devises in certain cases; unpaid proceeds of sale, condemnation or insurance; sale by conservator.
- Section 62-2-607. Nonexoneration.
- Section 62-2-608. Exercise of power of appointment.
- Section 62-2-609. Construction of generic terms to accord with relationships as defined for intestate succession.
- Section 62-2-610. Ademption by satisfaction.
- Section 62-2-611. Construction that devise passes fee simple.
- Section 62-2-612. Proceeding to determine decedent's intent regarding application of certain federal tax formulas.
- Section 62-2-801. Disclaimer.
- Section 62-2-802. Effect of divorce, annulment, decree of separate maintenance, or order terminating marital property rights.
- Section 62-2-803. Effect of homicide on intestate succession, wills, joint assets, life insurance, and beneficiary designations.
- Section 62-2-804. Effect of provision for survivorship on succession to joint tenancy.
- Section 62-2-805. Presumption of ownership of tangible personal property; exceptions.
- Section 62-2-806. Modification to achieve testator's tax objectives.
2016 Act No. 260, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'South Carolina Uniform Fiduciary Access to Digital Assets Act'."
- Section 62-2-1015. Application of part.
- Section 62-2-1020. User direction for disclosure of digital assets.
- Section 62-2-1025. Terms-of-service agreement.
- Section 62-2-1030. Procedure for disclosing digital assets.
- Section 62-2-1035. Disclosure of content of electronic communications of deceased user.
- Section 62-2-1040. Disclosure of other digital assets of deceased user.
- Section 62-2-1045. Disclosure of content of electronic communications of principal.
- Section 62-2-1050. Disclosure of other digital assets of principal.
- Section 62-2-1055. Disclosure of digital assets held in trust when trustee is original user.
- Section 62-2-1060. Disclosure of contents of electronic communications held in trust when trustee not original user.
- Section 62-2-1065. Disclosure of other digital assets held in trust when trustee not original user.
- Section 62-2-1070. Disclosure of digital assets to conservator of protected person.
- Section 62-2-1075. Fiduciary duty and authority.
- Section 62-2-1080. Custodian compliance and immunity.
- Section 62-2-1085. Uniformity of application and construction.
- Section 62-2-1090. Relation to Electronic Signatures in Global and National Commerce Act.