§ 353 EXEMPT PROPERTY

• Jurisdiction: South Carolina
• Section: Chapter 3 Wills

§ 353 Exempt property

The SCPC entitles a domiciliary decedent's surviving spouse (or if none, then the decedent's minor or dependent children) to certain personal property of the estate not to exceed a value of twenty-five thousand dollars.⁴⁷⁵ Qualifying property includes household furniture, automobiles, furnishings, appliances, and personal effects. To the extent that the decedent's equity in qualifying property falls short of five thousand dollars, the spouse, or children, may use other property of the estate.⁴⁷⁶

The exempt property passes free from the claims of most creditors⁴⁷⁷ and also from the claims of decedent's beneficiaries.⁴⁷⁸ The spouse, or children, must reduce the entitlement to exempt property by any amounts received under the decedent's will or through intestacy.⁴⁷⁹ Apparently, the decedent cannot overcome the exempt property entitlement by indicating an intent to the contrary; the set aside seems to be mandatory. The right to the exempt property entitlement exists in addition to any homestead and personal property exemptions otherwise granted by law.⁴⁸⁰ To qualify for the entitlement, a claimant must survive the decedent for at least 120 hours.⁴⁸¹

Section 62-2-401. Exempt property.

The surviving spouse of a decedent who was domiciled in this State is entitled from the estate to a value not exceeding twenty-five thousand dollars in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, minor or dependent children of the decedent are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than twenty-five thousand dollars, or if there is not...