In South Carolina, when someone passes away without a will, they are said to have died intestate. Typically, these assets go to the person’s closest relatives, known legally as “heirs.”

If you are married and leave no children, your surviving spouse will inherit everything you own. When both a spouse and children survive you, your spouse is entitled to half of your estate, while the remaining half is divided equally among your children.

If you have children but no spouse, your entire estate will pass to your children in equal shares. In situations where your spouse and children predecease you, your grandchildren can inherit everything you have.

While you don’t have to have both, many people choose to use a will and a trust together because they serve different (and complementary) purposes.

A will allows you to name who inherits your property, appoint a guardian for minor children, and designate an executor to handle your estate. However, any assets controlled by a will must go through probate, which can be a public and sometimes lengthy court process.

A revocable living trust, on the other hand, lets you transfer ownership of your assets into the trust while you are alive. This can help avoid probate, maintain privacy, and provide for management of your assets if you become incapacitated.

Good estate planning is one of the most effective ways to head off family conflicts before they ever start.

When you create a clear, legally enforceable plan, you leave less room for misunderstandings, resentment, or legal disputes among your loved ones. A well-prepared will or trust spells out exactly who inherits what, so there is no ambiguity or guesswork about your intentions. Clear instructions can help prevent arguments over sentimental items, money, or property, which are often the biggest sources of tension.

Additionally, planning ahead lets you address sensitive issues in advance—like unequal gifts to children, provisions for a blended family, or support for a relative with special needs. You can explain your decisions to your family while you’re still here, if you wish, so no one feels blindsided or left out.

Overall, estate planning brings clarity, fairness, and structure to what could otherwise be an emotional and chaotic time, giving your family the peace of mind and guidance they’ll need when you’re no longer here to speak for yourself.