(a) If a married person domiciled in this State dies, the surviving spouse has a right of election to take an elective share of one-third of the decedent‘s probate estate, as computed under § 62-2-202, the share to be satisfied as detailed in §§ 62-2-206 and 62-2-207 and, generally, under the limitations and conditions hereinafter stated.

(b) If a married person not domiciled in this State dies, the right, if any, of the surviving spouse to take an elective share in property in this State is governed by the law of the decedent’s domicile at death.

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Terms Used In South Carolina Code 62-2-201

  • Decedent: A deceased person.
  • Probate: Proving a will

(c) "Surviving spouse", as used in this Part, is as defined in § 62-2-802.