S.C. Code § 62-2-201 : South Carolina Probate Code — INTESTATE SUCCESSION AND WILLS — ELECTIVE SHARE OF SURVIVING SPOUSE —2-201 - Right of elective share
(a) If a married person domiciled in this State dies, the surviving spouse has a right of election to take an elective share of one-third of the decedent's probate estate, as computed under Section
62-2-202, the share to be satisfied as detailed in Sections
62-2-206 and
62-2-207 and, generally, under the limitations and conditions hereinafter stated.
(b) If a married person not domiciled in this State dies, the right, if any, of the surviving spouse to take an elective share in property in this State is governed by the law of the decedent's domicile at death.
(c) "Surviving spouse", as used in this Part, is as defined in Section
62-2-802.