South Carolina § 62-2-401 - Exempt property.

§ 62-2-401. Exempt property.

The surviving spouse of a decedent who was domiciled in this State is entitled from the estate to a value not exceeding forty-five thousand dollars in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, minor or dependent children of the decedent are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than forty-five thousand dollars, or if there is not forty-five thousand dollars worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the forty-five thousand dollar value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate except claims described in Section 62-3-805(a)(1). These rights are in addition to any right of homestead and personal property exemption otherwise granted by law but are chargeable against and not in addition to any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by the elective share. Any surviving spouse or minor or dependent children of the decedent who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of this section.

HISTORY: 1986 Act No. 539, SECTION 1; 1990 Act No. 521, SECTION 20; 2013 Act No. 100, SECTION 1, eff January 1, 2014; 2025 Act No. 26 (H.3472), SECTION 4, eff May 8, 2025.

Effect of Amendment

The 2013 amendment substituted "twenty-five thousand dollars" for "five thousand dollars" throughout.

2025 Act No. 26, SECTION 4, in the first three sentences, substituted "forty-five thousand dollars" for "twenty-five thousand dollars" four times.