The South Carolina Petition for Elective Share is a legal document that is filed by a surviving spouse in South Carolina to receive a portion of a deceased spouse's estate. This document is used to claim a portion of the estate when the deceased spouse did not leave a will or when the will does not provide for the surviving spouse. The surviving spouse can request an elective share, which is a set percentage of the deceased's estate, depending on the length of the marriage. The elective share is based on the number of years the couple was married and can range from 30-50% of the estate. There are two types of South Carolina Petition for Elective Share: Statutory Elective Share and Contractual Elective Share. The Statutory Elective Share is based on the length of the marriage and is set by the state. The Contractual Elective Share is a percentage of the estate which is negotiated between the surviving spouse and the deceased's estate.