South Carolina Code 41-35-30. Payment of benefits in case of death
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(A) When a benefit due an individual has been unpaid at the time of death and the estate of the individual has not been administered in the probate court within sixty days after the time of death, the department may pay benefit amounts the deceased may have been entitled to:
(1) the surviving wife or husband and, if there is none;
Terms Used In South Carolina Code 41-35-30
- Dependent: A person dependent for support upon another.
- 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.
- Probate: Proving a will
(2) the minor children and, if there are none;
(3) the adult children and, if there are none;
(4) the parents of the deceased and, if there are none;
(5) a person dependent on the deceased.
(B) If there is no person within those classifications, the payments due the deceased must lapse and revert to the unemployment trust fund.
(C) Payment to a responsible adult with whom minor children are making their home, upon a written pledge to use the payment for the benefit of these minors, is considered proper and legal payment to the minor children without the requirement of formal appointment of a guardian.