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1(a). If a decedent is survived by a spouse and issue in South Carolina and dies intestate, under the South Carolina Probate Code, Section 62-2-102 the surviving spouse gets half of the estate and the issue gets the other half. This is different from New York Law because under the EPTL, Laws of Intestacy, if a decedent dies intestate, the surviving spouse gets the first $50,000.00 and one half of the residue of the estate, and the issue gets the remainder.
(b). If a decedent is survived by a spouse and no issue in South Carolina, under the South Carolina Probate Code, Section 62-2-102 the entire estate goes to the surviving spouse. This is the same as New York Law, under the EPTL, Laws of intestacy, if a decedent dies intestate with a surviving spouse and no issue, the entire estate goes to the surviving spouse.
(c). If a decedent is survived by no spouse and no issue in South Carolina and dies intestate, under the South Carolina Probate Code, Section 62-2-103 the entire estate goes to the decedent’s surviving parent or parents. this law is the same as New York Law.
2. In South Carolina, the age of Testamentary Capacity under the South Carolina Probate Code, Section 62-2-501 is actually not specified. Technically it is anyone who is not a minor which would make it at least 18 years of age, however, this statute has some alternatives. It says to have Testamentary Capacity, one must not be a minor, a minor is defined as anyone who is under 18 years old, unless they’re married or emancipated, which is when a child is freed from control of his or her parents. This is different from New York Law, because in New York Law, the age is specified that a person must be 18 years old for Testamentary Capacity.
3. In South Carolina, Under the South Carolina Probate Code, Section 62-2-503, there only has to be one witness to duly execute a will. This is different from New York Law because in New York, there has to be at least three witnesses to duly execute a will.
