Quitclaim Deeds and Transferring Property in South Carolina
How to sign and record a quitclaim or other deed in South Carolina, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: Before a deed can be recorded it must be signed by the grantor in the presence of two witnesses and then proved by a subscribing witness's affidavit or acknowledged before a notary. S.C. Code §§ 30-5-30, 30-5-35, 30-5-90, 12-24-10, 12-24-70, 12-24-90
| Signing and recording a deed | Before a deed can be recorded it must be signed by the grantor in the presence of two witnesses and then proved by a subscribing witness's affidavit or acknowledged before a notary. The deed must show the grantee's mailing address and a derivation clause. Deeds are recorded with the county Register of Deeds (or Clerk of Court in counties without one). A deed recording fee of $1.85 per $500 of value (state $1.30 plus county $0.55) applies, and an affidavit of value must be filed with the deed (stating the exemption, if any). Fee and affidavit rules are in Title 12, Chapter 24: https://www.scstatehouse.gov/code/t12c024.php |
|---|---|
| Transfer-on-death deed | South Carolina law does not provide a transfer-on-death or beneficiary deed for real estate. Transfer-on-death designations are allowed for titled personal property such as vehicles, mobile homes and watercraft, and payable-on-death designations for bank accounts. |
Free South Carolina quitclaim deed template — fill in and print
More South Carolina estate law
- Medical Power of Attorney in South Carolina
- Small Estate Affidavit in South Carolina
- Power of Attorney in South Carolina
- Who Inherits If You Die Without a Will in South Carolina
- How to Make a Valid Will in South Carolina
- How Probate Works in South Carolina
- Living Wills and Advance Directives in South Carolina
- Revocable Living Trusts in South Carolina
- Executor Duties in South Carolina
- Letters Testamentary in South Carolina
- Affidavit of Heirship in South Carolina
- How to Avoid Probate in South Carolina
- Transferring a Car After Someone Dies in South Carolina
- All South Carolina wills, probate and estate rules
FAQ
What does a quitclaim deed need to be valid in South Carolina?
Before a deed can be recorded it must be signed by the grantor in the presence of two witnesses and then proved by a subscribing witness's affidavit or acknowledged before a notary. The deed must show the grantee's mailing address and a derivation clause. Deeds are recorded with the county Register of Deeds (or Clerk of Court in counties without one). A deed recording fee of $1.85 per $500 of value (state $1.30 plus county $0.55) applies, and an affidavit of value must be filed with the deed (stating the exemption, if any).
Does South Carolina allow transfer-on-death deeds?
South Carolina law does not provide a transfer-on-death or beneficiary deed for real estate. Transfer-on-death designations are allowed for titled personal property such as vehicles, mobile homes and watercraft, and payable-on-death designations for bank accounts.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.