2022 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 2 - Intestate Succession And Wills
Section 62-2-201. Right of elective share.

Universal Citation: SC Code § 62-2-201 (2022)

(a) If a married person domiciled in this State dies, the surviving spouse has a right of election to take an elective share of one-third of the decedent's probate estate, as computed under Section 62-2-202, the share to be satisfied as detailed in Sections 62-2-206 and 62-2-207 and, generally, under the limitations and conditions hereinafter stated.

(b) If a married person not domiciled in this State dies, the right, if any, of the surviving spouse to take an elective share in property in this State is governed by the law of the decedent's domicile at death.

(c) "Surviving spouse", as used in this Part, is as defined in Section 62-2-802.

HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 5; 2013 Act No. 100, Section 1, eff January 1, 2014.

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