If a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing signed by the decedent or acknowledged in a writing signed by the heir to be an advancement. For this purpose, the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property shall be taken into account in computing the intestate share to be received by the recipient's issue, unless the declaration or acknowledgment provides otherwise.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
Structure South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 2 - Intestate Succession And Wills
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 62-2-106. 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 62-2-113. Persons related to decedent through two lines.
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 62-2-205. Proceedings for elective share; time limit.
Section 62-2-206. Effect of election on benefits by will or statute.
Section 62-2-301. Omitted spouse.
Section 62-2-302. Pretermitted children.
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 62-2-503. Attestation and self-proving.
Section 62-2-505. Choice of law as to execution.
Section 62-2-506. Revocation by writing or by act.
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 62-2-607. Nonexoneration.
Section 62-2-608. Exercise of power of appointment.
Section 62-2-610. Ademption by satisfaction.
Section 62-2-611. Construction that devise passes fee simple.
Section 62-2-701. Contracts concerning succession.
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.
Section 62-2-901. Delivery of will to judge of probate; filing.
Section 62-2-1010. Definitions.
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 62-2-1065. 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. Electronic Signatures in Global and National Commerce Act.