Deed Distribution Of Property
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
Please note: South Carolina is an Attorney State when it comes to Deed preparation. Any preparation by an individual is considered an unauthorized practice of law.
The deed of distribution is signed by the acting PR in the presence of a notary public and two witnesses before recording in the Register of Deeds' office of the county where the subject property is situated. A certified copy should be delivered to the probate court.
May I prepare my own deed? A. Yes you may, but our office always recommends that you hire an attorney. Our office is strictly for recording, we do not prepare documents and do not answer questions in the preparation of legal documents.
As of now, South Carolina law does not permit the use of TOD deeds to transfer ownership of real estate. Instead, other estate planning tools, such as joint tenancy or a living trust, can be used to avoid probate for real estate.
If there is real estate in the estate and it has not been sold, a Deed of Distribution (FORM 400ES) must be filled out and recorded. It is recommended that an attorney assist you with this particular duty. The Deed of Distribution transfers the real property from the decedent's name to those who inherit it.