If the decedent passed without a will naming an Executor or Personal Representative, then South Carolina Law dictates who is first in line to serve in that role.

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• The Spouse has first right of appointment. 

• IF there is no living spouse-

  • in this case, the children have equal right of appointment.  If there is more than one child, they must all agree on who will serve as Personal Representative, the children not serving must all complete a Renunciation form. ​

• If there is no living spouse, or children:

  • in this case, parents have equal right of appointment.  They must both agree on who will serve as Personal Representative, and the parent not serving must  complete a Renunciation form. ​

• If there is no living spouse, children, or parent:​

  • in this case, siblings have equal right of appointment. ​ If there is more than one sibling, they must all agree on who will serve as Personal Representative, the siblings not serving must all complete a Renunciation form. ​

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If a situation does not fall under one of these categories, please contact the probate court for guidance. 

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