South Carolina Statutes
§ 62-2-202 — Probate estate.
(a)For purposes of this Part, probate estate means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy, reduced by funeral and administration expenses and enforceable claims.
(b)Except as provided in Section 62-7-401(c) with respect to a revocable inter vivos trust found to be illusory, the elective share shall apply only to the decedent's probate estate.
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Related
Spence v. Wingate
716 S.E.2d 920 (Supreme Court of South Carolina, 2011)
Dreher v. Dreher
634 S.E.2d 646 (Supreme Court of South Carolina, 2006)
Deborah Weeks v. David Weeks
(Court of Appeals of South Carolina, 2023)
Runion v. Runion
(Court of Appeals of South Carolina, 2009)
The Estate of John Joseph Manning v. Bushman
(Court of Appeals of South Carolina, 2019)
Legislative History
HISTORY: 1986 Act No. 539, SECTION 1; 1987 Act No. 171, SECTION 6; 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.