South Carolina Deed of Distribution
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How to fill out South Carolina Deed Of Distribution?
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FAQ
Some strategies to consider if you wish to avoid probate court include: Transfer Property to Revocable Trusts. Reduce Your Estate. Create A Will. Name Beneficiaries. Take Advantage of Joint Ownership.
Property that is jointly owned with a survivorship right will avoid probate. If one owner dies, title passes automatically to the remaining owner. There are three types of joint ownership with survivorship rights: Joint tenancy with rights of survivorship.
In South Carolina, Real Property is a probate asset and passes through a decedent's estate. A deed of distribution is required for the Executor to transfer title of the real property to the estate beneficiaries.
South Carolina recognizes three basic types of ownership: sole ownership, joint tenants, and tenants in common. In this type of ownership, one individual or entity owns the property completely with no other tenants. South Carolina does not recognize community property, homestead, or dower and curtesy.
In South Carolina, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
In most cases, probate is a legal responsibility in South Carolina. However, probate can be avoided if the decedent's assets were placed in a living trust before they died with beneficiaries designated to inherit the estate.
To obtain a copy of a plat or deed, contact the local Registers of Deeds office or Clerk of Court.
South Carolina does not recognize transfer-on-death deeds for real estate property. For a beneficiary to receive real estate property upon a person's death, they must have jointly owned the property under the state's joint tenancy laws.