South Carolina Statutes
§ 62-2-201 — Right of elective share.
South Carolina § 62-2-201
JurisdictionSouth Carolina
Title 62SOUTH CAROLINA PROBATE CODE
Ch.ARTICLE 2 - INTESTATE SUCCESSION AND WILLS
This text of South Carolina § 62-2-201 (Right of elective share.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.C. Code Ann. § 62-2-201 (2026).
Text
(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.
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Related
Wilson v. Dallas
743 S.E.2d 746 (Supreme Court of South Carolina, 2011)
Dreher v. Dreher
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428 S.E.2d 3 (Court of Appeals of South Carolina, 1993)
Kemp v. Rawlings
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Simpson Ex Rel. Estate of Demos v. Sanders Ex Rel. Estate of Demos
445 S.E.2d 93 (Supreme Court of South Carolina, 1994)
Geddings v. Geddings
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Williams v. Williams
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In the Matter of Patrick
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Gilfillin v. Gilfillin
512 S.E.2d 534 (Court of Appeals of South Carolina, 1999)
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494 S.E.2d 823 (Court of Appeals of South Carolina, 1997)
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Deborah Weeks v. David Weeks
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Graves v. Graves
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Runion v. Runion
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The Estate of John Joseph Manning v. Bushman
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Legislative History
HISTORY: 1986 Act No. 539, SECTION 1; 1987 Act No. 171, SECTION 5; 2013 Act No. 100, SECTION 1, eff January 1, 2014.
Nearby Sections
15
§ 62-1-100
Effective date.§ 62-1-101
Short title.§ 62-1-102
Purposes; rules of construction.§ 62-1-104
Severability.§ 62-1-105
Construction against implied repeal.§ 62-1-106
Effect of fraud and evasion.§ 62-1-107
Evidence as to death or status.§ 62-1-108
Acts by holder of general power.§ 62-1-111
Authority to award costs and expenses.§ 62-1-112
Inherent power of court.§ 62-1-201
General definitions.§ 62-1-301
Territorial application.Cite This Page — Counsel Stack
Bluebook (online)
South Carolina § 62-2-201, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/62-2-201.