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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.
South Carolina does not recognize transfer-on-death (TOD) deeds. TOD deeds?where recognized?serve a purpose similar to life estate deeds without restricting the owner's property rights during life. Another South Carolina deed form relevant to estate planning is called a deed of distribution.
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.
To add a name to your property you must sign a new deed conveying interest to an individual. To take someone's name off property they must sign a new deed conveying their interest to someone else.
Having a competent lawyer draft the deed of distribution for an executor of a South Carolina will ensure that all the legal requirements are met and the document is properly recorded with both the county Probate Court and Register of Deeds.