If representation is called for by this Code, the estate is divided into as many equal shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among his issue in the same manner. If an interest created by intestate succession is disclaimed, the beneficiary is not treated as having predeceased the decedent for purposes of determining the generation at which the division of the estate is to be made. HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 12; 2013 Act No. 100, Section 1, eff January 1, 2014.
South Carolina Legal Code