When someone passes away without a will, they are said to have died intestate. This situation is more common than most people think, and it often leads to confusion—especially when real estate is involved.

In South Carolina, if a homeowner dies without a will, their property becomes part of the estate and enters the probate process. The court will appoint a personal representative (similar to an executor) to manage and distribute the estate based on state intestacy laws.

Here’s how the home is typically handled:

If the deceased was married, the surviving spouse may inherit the entire property—or a portion of it—depending on whether there are children.

If there are surviving children and a spouse, the estate is split according to a fixed formula.

If there’s no spouse or children, the court looks for other relatives like parents, siblings, or even nieces and nephews.

Unlike situations where a will is present, the process takes longer and may involve legal disputes if multiple heirs are involved. No one can legally sell or transfer the property until probate is complete and the rightful heirs are confirmed by the court.

Sometimes, the court may require the home to be sold in order to divide the proceeds among the heirs, especially if no one can agree on what to do with the property or if the estate needs to pay off debts.

This can be an emotional and stressful experience, especially when grieving. Having a probate-experienced real estate professional by your side can ease the burden and ensure the process follows all legal requirements.

📧 Unsure what to do with a property when there’s no will? We’re here to walk you through every step. Contact us at delaney@thehighlandcompanyre.com.