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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 62-2-201: Right of elective share.

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Where this section sits in the code
  1. Title 62 - SOUTH CAROLINA PROBATE CODE
  2. ARTICLE 2 Intestate Succession and Wills
  3. Part 2 Elective Share of Surviving Spouse

(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.

Collected 2026-09-02T08:08:29Z. Source file · JSON

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