What is a spouse’s rights to a deceased spouse’s estate if not named in the will?
- July 2, 2020
- David Greene
- Comments Off on What is a spouse’s rights to a deceased spouse’s estate if not named in the will?
A spouse not named in the deceased spouse’s will is called an omitted spouse. In South Carolina our Probate Code provides for an omitted spouse. He is entitled to a spousal share of the estate by law. That share is one-third (1/3) of the deceased spouse’s probate estate. This is not necessarily everything she owns because some property may pass outside the estate. Also, the share is based on the net estate after certain costs, expenses and claims are paid. This spousal share provision also applies if the deceased spouse only left the other spouse a very small inheritance. The living spouse is entitled to either what was left to her in the will or her spousal share, whichever is greater. However, the living spouse must file a petition to get this share within nine months of the date of appointment of the PR or within twelve months from date of death, whichever is later.