South Carolina Partition Warranty Deed
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How to fill out Partition Warranty Deed?
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FAQ
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 all owners don't agree to partition, one or more of the owners may file a lawsuit asking the court to create a partition. If this is the case, a judge can order a partition of the property. In most circumstances, a Partition Action is brought to divide a piece of real property, such as a home or land.
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.
A South Carolina special warranty deed is a written instrument transferring a property interest from the current owner (the grantor) to a new owner (the grantee) with limited warranty of title. Warranty of title is the current owner's guaranty that a deed conveys real estate with a valid, clear title.
If you leave a spouse and no children, your spouse takes all. If you leave no spouse, but children, then your children take your property. Generally, if a child of yours does not survive you their children take the share your child would have taken if they had survived you.
If the court determines that the property is heirs' property, the property must be partitioned under Article 3, Chapter 61, Title 15, unless all of the cotenants otherwise agree in a record.
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.
In South Carolina, the personal representative must execute a deed of distribution with respect to real estate owned by a deceased person in order to transfer or release the estate's ownership or control over the property.