reglab/housing_qa huggingface dataset:
SC Code § 62-2-205 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-205. Proceedings for elective share; time limit.

 (a) The surviving spouse may elect to take an elective share in the probate estate by filing in the court and serving upon the personal representative, if any, a summons and petition for the elective share within the later of (1) eight months after the date of death, (2) six months after the informal or formal probate of the decedent's will, or (3) thirty days after a surviving spouse is served with a summons and petition to set aside an informal probate or to modify or vacate an order for formal probate of decedent's will.  (b) The surviving spouse shall give notice of the time and place set for the hearing on the elective share claim to the personal representative and to distributees and recipients of portions of the probate estate whose interests will be adversely affected by the taking of the elective share.  (c) The surviving spouse may withdraw or reduce his demand for an elective share at any time before entry of a final determination by the court.  (d) After notice and hearing, the court shall determine the amount of the elective share and shall order its payment from the assets of the probate estate or by contribution as set out in Sections 62-2-206 and 62-2-207.  (e) The order or judgment of the court for payment or contribution may be enforced as necessary in other courts of this State or other jurisdictions.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 7; 2010 Act No. 244, Section 5, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-206 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-206. Effect of election on benefits by will or statute.

 A surviving spouse is entitled to benefits provided under or outside of the decedent's will, by any homestead allowance, by Section 62-2-401, whether or not he elects to take an elective share, but such amounts as pass under the will or by intestacy, by any homestead allowance, and by Section 62-2-401 are to be charged against the elective share pursuant to Section 62-2-207(a).  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 16; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-301 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-301. Omitted spouse.

 (a) If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse, upon compliance with the provisions of subsection (c), shall receive the same share of the estate he would have received if the decedent left no will unless:  (1) it appears from the will that the omission was intentional; or  (2) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.  (b) In satisfying a share provided by this section, the devises made by the will abate as provided in Section 62-3-902.  (c) The spouse may claim a share as provided by this section by filing in the court and serving upon the personal representative, if any, a summons and petition for such share within the later of (1) eight months after the date of death, (2) six months after the informal or formal probate of the decedent's will, or (3) thirty days after the omitted spouse is served with a summons and petition to set aside an informal probate or to modify or vacate an order for formal probate of decedent's will. The spouse shall give notice of the time and place set for the hearing on the omitted spouse claim to the personal representative and to distributees and recipients of portions of the probate estate whose interests will be adversely affected by the taking of the share.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 9; 1990 Act No. 521, Section 18; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-302 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-302. Pretermitted children.

 (a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child, upon compliance with subsection (d), receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless:  (1) it appears from the will that the omission was intentional; or  (2) when the will was executed the testator devised substantially all his estate to his spouse; or  (3) the testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.  (b) If, at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes that child to be dead, the child, upon compliance with subsection (d), receives a share in the estate equal in value to that which he would have received if the testator had died intestate.  (c) In satisfying a share provided by this section, the devises made by the will abate as provided in Section 62-3-902.  (d) The child, and his guardian or conservator acting for him, may claim a share as provided by this section by filing in the court and serving upon the personal representative, if any, a summons and petition for such share within the later of (1) eight months after the date of death, (2) six months after the informal or formal probate of the decedent's will, or (3) thirty days after the omitted child is served with a summons and petition to set aside an informal probate or to modify or vacate an order for formal probate of a decedent's will. The child, and his guardian or conservator acting for him, shall give notice of the time and place set for the hearing on the omitted child claim to the personal representative and to distributees and recipients of portions of the probate estate whose interests will be adversely affected by the taking of the share.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 10; 1990 Act No. 521, Section 19; 1997 Act No. 152, Section 7; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-401 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 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 twenty-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 twenty-five thousand dollars, or if there is not twenty-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 twenty-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.  Effect of Amendment  The 2013 amendment substituted "twenty-five thousand dollars" for "five thousand dollars" throughout.
SC Code § 62-2-402 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-402. Source, determination, and documentation.

 (a) If the estate is otherwise sufficient, property specifically devised is not used to satisfy rights to exempt property. Subject to this restriction, the surviving spouse, the guardians or conservators of the minor children, or children who are adults may select property of the estate as exempt property. The personal representative may make these selections if the surviving spouse, the children, or the guardians or conservators of the minor children are unable or fail to do so within a reasonable time or if there are no guardians or conservators of the minor children. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as exempt property. The personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may make application to the court for appropriate relief.  (b) The surviving spouse or the minor or dependent child, and the minor's guardian or conservator acting for him, as the case may be, may claim a share of exempt property as provided in this part by filing in the court and mailing or delivering to the personal representative, if any, a claim for such share within eight months after the date of death, or within six months after the probate of the decedent's will, whichever limitation last expires.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 11; 1990 Act No. 521, Section 21; 2010 Act No. 244, Section 6, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-403 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-403. Federal veteran payments shall be exempt from creditors' claims.

 All monies paid for insurance, compensation, or pensions by the United States of America to the executors, administrators, or heirs-at-law of any deceased veteran who served during any "period of war" as determined in reference to pension entitlement under 38 U.S.C. 1521, 1541 and 1542 and the regulations issued thereunder, and whose estate is administered in this State for insurance, compensation, or pensions is hereby declared to be exempt from the claims of any and all creditors of such deceased veteran.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-501 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-501. Who may make a will.

 An individual who is of sound mind and who is not a minor as defined in Section 62-1-201(27) may make a will.  HISTORY: 1986 Act No. 539, Section 1; 1997 Act No. 152, Section 8; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment substituted "An individual" for "A person" and substituted "Section 62-1-201(27)" for "Section 62-1-201(24)".
SC Code § 62-2-502 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-502. Execution.

 Except as provided for writings within Section 62-2-512 and wills within Section 62-2-505, every will shall be:  (1) in writing;  (2) signed by the testator or signed in the testator's name by some other individual in the testator's presence and by the testator's direction; and  (3) signed by at least two individuals each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 22; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment made nonsubstantive changes.
SC Code § 62-2-504 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-504. Subscribing witnesses not incompetent because of interest; effect on gifts to them.

 (a) A subscribing witness to any will is not incompetent to attest or prove the same by reason of any devise therein in favor of the witness, the witness's spouse, or the witness's issue. If there are two disinterested witnesses to a will in addition to the interested witness, then the devise is valid and effectual, if otherwise effective. If there are not two disinterested witnesses to a will in addition to an interested witness, then the devise is null and void to the extent of the value of the excess property, estate, or interest so devised over the value of the property, estate or interest to which the witness, the witness's spouse, or the witness' issue would be entitled upon the failure to establish the will. The voided portion of the devise shall pass by intestacy in accordance with Section 62-2-101 et seq., provided the share of the interested witness, the witness's spouse, or the witness' issue shall not increase due to the devise passing by intestacy.  (b) A subscribing witness to any will is not incompetent to attest or prove the will by reason of any appointment within the will of the witness, the witness's spouse, or the witness's issue to any office, trust, or duty. The appointment of a witness, a witness's spouse, or a witness's issue is valid, if otherwise so, and the individual so appointed, in such case, is entitled by law to take or receive any commissions or other compensation on account thereof.  (c) A subscribing witness to any will is not incompetent to attest or prove the will by reason of any charge within the will of debts to any part of the estate in favor of the witness, the witness's spouse, or the witness's issue as creditor.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 23; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section.
SC Code § 62-2-505 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-505. Choice of law as to execution.

 A written will is valid if:  (a) it is executed in compliance with Section 62-2-502 either at the time of execution or at the date of the testator's death; or  (b) if its execution complies with the law at the time of execution of either (1) the place where the will is executed, or (2) the place where the testator is domiciled at the time of execution or at the time of death.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 13; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment added the subsection designators and made other nonsubstantive changes.
SC Code § 62-2-506 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-506. Revocation by writing or by act.

 (a) A will or any part thereof is revoked:  (1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or  (2) by being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction.  (b) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.  (1) The testator is presumed to have intended a subsequent will to replace rather than to supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked and only the subsequent will is operative on the testator's death.  (2) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will and each will is fully operative on the testator's death to the extent they are not inconsistent.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment inserted subsection designator (a); in subsection (a)(1) inserted "executing" before "a subsequent will"; added subsection (b), relating to a subsequent will not expressly revoking a previous will; and made other nonsubstantive changes.
SC Code § 62-2-508 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-508. Revival of revoked will.

 (a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under Section 62-2-506(a)(2) the previous will remains revoked unless it is revived. The previous will is revived if it appears by clear and convincing evidence that the testator intended to revive or make effective the previous will.  (b) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under Section 62-2-506(a)(2), a revoked part of the previous will is revived unless it appears by clear and convincing evidence that the testator did not intend the revoked part to take effect as executed.  (c) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-509 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-509. Incorporation by reference.

 Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-511 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-511. Events of independent significance.

 A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of a will of another person is such an event.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment made nonsubstantive changes.
SC Code § 62-2-512 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-512. Separate writing identifying bequest of tangible property.

 A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect upon the dispositions made by the will.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 25; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment deleted ", evidences of indebtedness, documents of title (as defined in Section 36-1-201(15)), securities (as defined in Section 36-8-102(1)(A))," and made other nonsubstantive changes.
SC Code § 62-2-601 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-601. Rules of construction and intention; reformation of will.

 (A) The intention of a testator as expressed in the testator's will controls the legal effect of the testator's dispositions. The rules of construction expressed in the succeeding sections of this part apply unless a contrary intention is indicated by the will.  (B) Notwithstanding subsection (A), the court may reform the terms of the will, even if unambiguous, to conform the terms to the testator's intention if it is proved by clear and convincing evidence that the testator's intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment added subsection designator (A), added subsection (B), relating to reformation of will, and made other nonsubstantive changes.
SC Code § 62-2-602 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-602. Construction that will passes all property; after-acquired property.

 A will is construed to pass all property which the testator owns at the testator's death including property acquired after the execution of the will and all property acquired by the testator's estate after the testator's death.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment inserted "and all property acquired by the testator's estate after the testator's death" and made nonsubstantive changes.
SC Code § 62-2-603 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-603. Anti-lapse; deceased devisee; class gifts.

 (A) Unless a contrary intent appears in the will, if a devisee, who is a great-grandparent or a lineal descendant of a great-grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree than those of more remote degree take by representation.  (B) One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.  (C) Words of survivorship in a devise to an individual, such as, "if he survives me," or to "my surviving children," are, in the absence of additional evidence, a sufficient indication of an intent contrary to the application of subsections (A) and (B).  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.