If a person named in a Will dies during probate, who gets their share?

UPDATED: Dec 27, 2011

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If a person named in a Will dies during probate, who gets their share?

Asked on December 27, 2011 under Estate Planning, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most circumstances a beneficiary under a person's Will who survives the maker of the Will, but passes away during the probate process is concluded creates a dilemma for the executor of both estates.

In such a situation, the Will or trust (assuming there is one) of the beneficiary under the first Will will designate who receives the gift that the person who passed away would have received had he or she lived past the closing of the probate process of the first Will. Usually the inherited bequest will be spelled out in the residue of the estate of the second person to have passed away. 

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