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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.
The Will legally conveys title, but a Personal Representative's deed is used to formalize and record transfer of title. It may provide warranties like a Warranty or Special Warranty deed or not provide warranties like a Quit Claim deed.
In South Carolina a Deed of Distribution releases real property such as a house or land from the deceased persons name to the name of the beneficiary. This is usually one of the last steps in the probate procedure and is done after the eight month creditor period has expired.
A PR appointed informally by the Probate or District Court has legal authority to sell real property and to transfer title to it via a ?Personal Representative's Deed? from the estate to the new owner(s). It is the PR's job to have this deed prepared, signed, acknowledged before a notary public, and properly recorded.
A copy of the recorded Deed of Distribution needs to be filed at the Probate Court. Real property located in other South Carolina counties will require the Deed of Distribution be recorded in that location. You should then deliver the recorded Deed of Distribution to the new owners of the property.