South Carolina Release and Indemnification of Personal Representative by Heirs and Devisees
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FAQ
Heir generally refers to a person who is entitled to receive the decedent's property under the statutes of intestate succession, the distribution process that occurs when someone passes away without a will. A devisee is any person designated to receive real or personal property in a decedent's will.
South Carolina does not recognize transfer-on-death deeds for real estate property. For a beneficiary to receive real estate property upon a person's death, they must have jointly owned the property under the state's joint tenancy laws.
The term next of kin is often used synonymously with heirs at law in South Carolina. When a South Carolina resident dies without a will, their next of kin heirs at law are those in line to inherit their intestate estate, and are generally the decedent's: Surviving spouse. Children.
Typically, a devisee is an individual who receives real estate property from another person through the latter's last will and testament. Their inheritance is strictly land and real estate, not personal property. These days, a devisee does not need to be related to the decedent.
Beneficiary is a broad term used to describe someone who is named to receive an asset, whether the asset is passed through a will or other type of account. Devisees are beneficiaries of a will, but not all beneficiaries are devisees.
South Carolina's intestacy law says that if you die without a Will and have children and a spouse, your spouse will receive one-half of your intestate estate and your children will receive the other half. If there are no children, the surviving spouse would receive the entire intestate estate.
INFORMATION TO HEIRS AND DEVISEESThis notice is being sent to persons who have or may have some interest in the estate.
At a high-level, the main difference is an heir is a descendent or close relative who is in line to an inheritance if you don't properly set up your Estate Plans. By contrast, a beneficiary is somebody who you name, through a formal legal document, to be the recipient of your assets or property after you pass away.