Probate Family Allowance Requirements in South Carolina

At a glance

Requirements one by one

What South Carolina provides instead

South Carolina's Probate Code does not create a temporary family or maintenance allowance. Its complete Part 4 is titled “Exempt Property” and contains only S.C. Code §§ 62-2-401 to 62-2-403: the exempt-property award, its procedure, and a separate veterans-payment exemption. The ordinary South Carolina route is therefore a property claim, not temporary support during administration.

For a decedent domiciled in South Carolina, the surviving spouse may claim up to $45,000 in net value of household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the minor or dependent children share one $45,000 right jointly. Other estate assets may make up a shortage in qualifying property. A claimant who does not survive the decedent by 120 hours is treated as having predeceased the decedent.

The claimant must file the exempt-property claim in court and mail or deliver it to the personal representative, if any, by the later of:

• eight months after the date of death; or
• six months after probate of the decedent's will.

If the estate is otherwise sufficient, property specifically devised to someone else is protected from use for the exemption. The family or the children's guardian or conservator selects the property; the personal representative may select if they fail or are unable to act within a reasonable time. An aggrieved personal representative or interested person may apply to the court for relief.

The exemption follows administration costs and expenses, attorney fees, and reasonable funeral expenses, but precedes the remaining claim classes. Unlike a temporary family allowance in many states, the $45,000 is charged against a benefit passing by will, intestacy, or elective share unless the will provides otherwise.

A spouse may waive the exempt-property right wholly or partly before or after marriage. S.C. Code § 62-2-204 requires a written agreement or waiver that the spouse signs voluntarily after receiving written fair and reasonable disclosure of the other party's property and financial obligations.

What trips people up

• The $45,000 right is not a family allowance. It is an exempt-property award and does not create monthly or temporary maintenance.
• Children qualify only if no spouse survives. Minor and dependent children then share one $45,000 value; each child does not receive a separate amount.
• The deadline uses the later date. Compare eight months after death with six months after will probate and use whichever period expires later.
• The property award is an inheritance offset. It is charged against will, intestate, or elective-share benefits unless the will provides otherwise.
• Administration and funeral costs come first. The exemption's priority exception points to § 62-3-805(a)(1).

Common questions

Can the probate court award monthly support anyway under Part 4?

Part 4 supplies no monthly-support power. It contains the exempt-property right and procedure, not a temporary family-allowance provision.

May the spouse claim cash if the listed property is worth less than $45,000?

The statute permits “other assets of the estate” to make up the deficiency. It does not limit the make-up assets to more household goods or vehicles.

Does every dependent child receive $45,000 when there is no spouse?

No. The minor or dependent children are entitled jointly to the same $45,000 net value.

Statutes and sources

• S.C. Code §§ 62-2-401 to 62-2-403 — the complete exempt-property part: claimant classes, $45,000 amount, 120-hour rule, inheritance offset, selection, court relief, and filing/delivery deadline. Official South Carolina Code Chapter 2 (accessed 2026-08-17).
• S.C. Code § 62-3-805(a)(1) — administration, attorney-fee, and reasonable funeral-expense priority. Official South Carolina Code Chapter 3 (accessed 2026-08-17).
• S.C. Code § 62-2-204 — written voluntary spouse waiver after written fair and reasonable financial disclosure. Official South Carolina Code Chapter 2 (accessed 2026-08-17).
• South Carolina Code Title 62 index — complete Probate Code chapter list used for the title-wide allowance check. Official Title 62 index (accessed 2026-08-03).