What happens if my grandparent said all grandchildren would receive something but I do not know if it was put in a will?

Short Answer

Under South Carolina law, a grandparent’s statement about leaving something to all grandchildren does not automatically create an inheritance. A grandchild may inherit if a valid will or other estate-planning document provides for the grandchild, or if South Carolina intestacy law gives the grandchild a share. If the grandchild’s parent survived the grandparent, the grandchild usually does not inherit through intestacy.

Understanding the Problem

The issue is whether a grandchild in South Carolina can receive part of a deceased grandparent’s estate when the grandparent discussed an inheritance, but no one has confirmed whether a will exists. The answer depends on the terms of any will, the grandchild’s place in the family line, and whether the statement was supported by a legally sufficient writing. Exclusion from an obituary does not decide inheritance rights.

Apply the Law

A will controls the distribution of property in a South Carolina probate estate if the Probate Court accepts the will. If there is no valid will, intestacy law determines the heirs. A grandchild generally inherits by representation when the grandparent’s child who was the grandchild’s parent died before the grandparent. If that parent survived the grandparent, the parent ordinarily takes before the grandchild.

A spoken statement that “all grandchildren will receive something” normally does not override a will or create a probate gift by itself. South Carolina requires a contract to make a will or devise to be established by material provisions in the will, an express reference in the will and extrinsic evidence proving the contract’s terms, or a writing signed by the deceased person evidencing the contract and extrinsic evidence proving its terms. South Carolina’s omitted-child protection generally applies to certain children of the person who made the will, not automatically to omitted grandchildren.

Key Requirements

A valid source of inheritance: The grandchild must qualify under a probated will, intestacy law, a valid beneficiary arrangement, or an enforceable written agreement concerning succession.
A qualifying family relationship: When intestacy applies, the court examines the legal parent-child line and whether the grandchild’s parent survived the grandparent.
Proof and timely action: The grandchild may need documents establishing the family relationship and must act before any applicable probate, contest, contract-claim, or recovery deadline expires.

What the Statutes Say

S.C. Code § 62-2-103 (Intestate Shares of Heirs) – Gives a deceased person’s estate to descendants and allows more remote descendants to inherit by representation when applicable.
S.C. Code § 62-2-701 (Contracts Concerning Succession) – Requires specified will language or a signed writing to establish a contract to make a will or gift at death.
S.C. Code § 62-2-901 (Delivery of a Will) – Requires a person holding the will to deliver it within 30 days after learning of the death and permits liability for intentional or fraudulent concealment.
S.C. Code § 62-3-204 (Demand for Notice) – Allows an interested person to demand notice of estate orders and filings; the demand expires one year after filing.
S.C. Code § 62-3-705 (Information to Heirs and Devisees) – Generally requires a personal representative to provide information to heirs and devisees within 30 days after appointment when their addresses are reasonably available.

Analysis

Apply the Rule to the Facts: The reported statement shows possible intent, but it does not establish that the grandparent signed a will or enforceable agreement. The individual’s legal family relationship matters more than whether relatives knew about the individual or included the individual in the obituary. If a will gives property to “all grandchildren,” the document’s wording and proof of the relationship will control; if no will exists, the individual’s parent ordinarily takes first if that parent survived the grandparent.

The analysis covers only property controlled by the probate estate. Assets with a surviving joint owner, trust provision, or beneficiary designation may pass outside the will under the governing document.

Process & Timing

Who files: A person claiming an interest in the estate. Where: The Probate Court in the South Carolina county where the grandparent was domiciled at death. What: Request the estate file and any will, then file a written demand for notice if the person qualifies as interested. When: Act promptly because a demand for notice lasts only one year and does not extend other deadlines.
Check whether an estate has opened and obtain the will, application, appointment documents, and inventory available from the court. Additional guidance appears in how to locate a will and identify probate assets in South Carolina.
If no proceeding exists, an interested person may ask the Probate Court to determine whether the grandparent died with a valid will or intestate and to identify the heirs. Formal proceedings require notice and a hearing, while uncontested estates may proceed informally.

Exceptions & Pitfalls

A surviving parent may prevent an intestate share: A grandchild usually does not take the parent’s share while that parent remains alive. If the parent died first, the grandchild may inherit that parent’s branch share by representation.
An oral promise may not be enough: General family discussions normally do not satisfy South Carolina’s requirements for a contract concerning succession. A signed writing or qualifying language in a will can change the analysis.
Omission from an obituary is not disinheritance: An obituary does not determine legal parentage, heirship, or the meaning of a will. Records establishing the family relationship may still be necessary.
Notice can fail when an address is unavailable: A personal representative generally must notify heirs and devisees whose addresses are reasonably available, but failure to provide the required information does not automatically invalidate the probate proceeding.
Deadlines vary by remedy: A proceeding contesting an informally probated will generally must begin within eight months after informal probate or one year after death, whichever is later. A contract claim against the estate may be subject to deadlines shorter than one year after death, and recovery of improperly distributed property has separate limits.
Delay can reduce available options: Most original probate or appointment proceedings cannot begin more than 10 years after death. More information is available in this discussion of what to do when a South Carolina will cannot be found.

Conclusion

A South Carolina grandchild does not inherit solely because a grandparent said all grandchildren would receive something. The grandchild must qualify under a valid will, another controlling document, intestacy law, or a legally sufficient written agreement. Under intestacy, a surviving parent ordinarily takes before that parent’s child. The next step is to request the probate file and any will from the Probate Court in the county of the grandparent’s last domicile as soon as possible.

Talk to a Probate Attorney

If family members may be withholding information about a will or probate estate, our firm has experienced attorneys who can help clarify inheritance rights, court procedures, and applicable timelines under South Carolina law.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.