§ 62-2-101 Intestate estate
§ 62-2-102 Share of the spouse
§ 62-2-103 Share of heirs other than surviving spouse
§ 62-2-104 Requirement that individual survive decedent for one hundred twenty hours
§ 62-2-105 No taker
§ 62-2-106 Representation; disclaimer by intestate beneficiary
§ 62-2-107 Kindred of half blood
§ 62-2-108 Afterborn heirs
§ 62-2-109 Meaning of child and related terms
§ 62-2-110 Advancements
§ 62-2-111 Debts to decedent
§ 62-2-112 Alienage
§ 62-2-113 Persons related to decedent through two lines
§ 62-2-114 Limitation on parent’s entitlement as intestate heirs to estate proceeds; failure to provide support for decedent during minority
§ 62-2-201 Right of elective share
§ 62-2-202 Probate estate
§ 62-2-203 Exercise of right of election by surviving spouse
§ 62-2-204 Voluntary waiver of surviving spouse’s right to elective share, homestead allowance, and exempt property; property settlement in anticipation of divorce
§ 62-2-205 Proceedings for elective share; time limit
§ 62-2-206 Effect of election on benefits by will or statute
§ 62-2-207 Charging spouse with gifts received; liability of others for balance of elective share
§ 62-2-301 Omitted spouse
§ 62-2-302 Pretermitted children
§ 62-2-401 Exempt property
§ 62-2-402 Source, determination, and documentation
§ 62-2-403 Federal veteran payments shall be exempt from creditors’ claims
§ 62-2-501 Who may make a will
§ 62-2-502 Execution
§ 62-2-503 Attestation and self-proving
§ 62-2-504 Subscribing witnesses not incompetent because of interest; effect on gifts to them
§ 62-2-505 Choice of law as to execution
§ 62-2-506 Revocation by writing or by act
§ 62-2-507 Revocation by divorce, annulment, and order terminating marital property rights; no revocation by other changes of circumstances
§ 62-2-508 Revival of revoked will
§ 62-2-509 Incorporation by reference
§ 62-2-510 Additions to trusts
§ 62-2-511 Events of independent significance
§ 62-2-512 Separate writing identifying bequest of tangible property
§ 62-2-601 Rules of construction and intention; reformation of will
§ 62-2-602 Construction that will passes all property; after-acquired property
§ 62-2-603 Anti-lapse; deceased devisee; class gifts
§ 62-2-604 Failure of testamentary provision
§ 62-2-605 Change in securities; accessions; nonademption
§ 62-2-606 Nonademption of specific devises in certain cases; unpaid proceeds of sale, condemnation or insurance; sale by conservator
§ 62-2-607 Nonexoneration
§ 62-2-608 Exercise of power of appointment
§ 62-2-609 Construction of generic terms to accord with relationships as defined for intestate succession
§ 62-2-610 Ademption by satisfaction
§ 62-2-611 Construction that devise passes fee simple
§ 62-2-612 Proceeding to determine decedent’s intent regarding application of certain federal tax formulas
§ 62-2-701 Contracts concerning succession
§ 62-2-801 Disclaimer
§ 62-2-802 Effect of divorce, annulment, decree of separate maintenance, or order terminating marital property rights
§ 62-2-803 Effect of homicide on intestate succession, wills, joint assets, life insurance, and beneficiary designations
§ 62-2-804 Effect of provision for survivorship on succession to joint tenancy
§ 62-2-805 Presumption of ownership of tangible personal property; exceptions
§ 62-2-806 Modification to achieve testator’s tax objectives
§ 62-2-901 Delivery of will to judge of probate; filing
§ 62-2-1010 Definitions
§ 62-2-1015 Application of part
§ 62-2-1020 User direction for disclosure of digital assets
§ 62-2-1025 Terms-of-service agreement
§ 62-2-1030 Procedure for disclosing digital assets
§ 62-2-1035 Disclosure of content of electronic communications of deceased user
§ 62-2-1040 Disclosure of other digital assets of deceased user
§ 62-2-1045 Disclosure of content of electronic communications of principal
§ 62-2-1050 Disclosure of other digital assets of principal
§ 62-2-1055 Disclosure of digital assets held in trust when trustee is original user
§ 62-2-1060 Disclosure of contents of electronic communications held in trust when trustee not original user
§ 62-2-1065 Disclosure of other digital assets held in trust when trustee not original user
§ 62-2-1070 Disclosure of digital assets to conservator of protected person
§ 62-2-1075 Fiduciary duty and authority
§ 62-2-1080 Custodian compliance and immunity
§ 62-2-1085 Uniformity of application and construction
§ 62-2-1090 Relation to Electronic Signatures in Global and National Commerce Act

Terms Used In South Carolina Code > Title 62 > Article 2

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Aquaculture: means controlled cultivation of an aquatic species in confinement. See South Carolina Code 50-18-210
  • Aquacultured product: means any living or nonliving form, part, or portion of an aquatic species spawned, raised, or produced by means of aquaculture, including an egg or offspring thereof. See South Carolina Code 50-18-210
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the South Carolina Board of Natural Resources. See South Carolina Code 50-5-15
  • Boat: means a vessel. See South Carolina Code 50-21-10
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commercial purpose: means the culture, processing, purchase, sale, transfer, exchange, or the offer or exposure for sale, transfer, or exchange of a product, or engaging in aquaculture or aquaculture business in order to derive income or other consideration. See South Carolina Code 50-18-210
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Donee: The recipient of a gift.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
  • Person: means an individual, firm, corporation, association, partnership, club, private body, or other entity. See South Carolina Code 50-18-210
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shad: means American or white shad (Alosa sapidissima) and hickory or skip-jack shad (Alosa mediocris). See South Carolina Code 50-5-15
  • Summons: Another word for subpoena used by the criminal justice system.
  • Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testator: A male person who leaves a will at death.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
  • Watercraft: means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10