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For property valued between $100 and $500, the deed recording fee is at $1.85 of the realty's value. For property valued over $500, the rate is $1.85 per each $500 increment. A portion of the fee goes to the state, and the other goes to the county.
The deed of distribution is evidence of the beneficiary's title to the house, land or other real property interest of the decedent. An ancillary probate is often opened in South Carolina for the purpose of preparing a deed of distribution when an out-of-state decedent died owning real property in South Carolina.
In South Carolina, the grantor must sign the deed in front of two witnesses and in the presence of an individual authorized by the state to administer an oath. Record the completed deed at the local county Recorder's office, along with an Affidavit of True Consideration (S.C. Code Ann. 12-24-70(A)(1)).
To obtain a copy of a plat or deed, contact the local Registers of Deeds office or Clerk of Court.
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.
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).
Petition to Determine Heirs If more than ten (10) years have passed since the decedents' death, the Court is required by state law to hold a hearing to determine who the heirs of the decedent were at the time of their death.
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.