South Carolina - Aiken County Affidavit of Deceased Joint Tenant Form

All Aiken County specific forms listed below are included in your immediate download:

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*The Following South Carolina and Aiken County supplemental forms are included as a courtesy with your order.

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Recording Requirements - Information Sheet (South Carolina Document)

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Recording Fee Manual (South Carolina Document)

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Deed Stamps Table (South Carolina Document)

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Affidavit for Taxable Transfers (South Carolina Document)

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Affidavit for Exempt Transfers (South Carolina Document)

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Certificate of Acknowledgment - Individual (South Carolina Document)

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Certificate of Acknowledgment - Representative (South Carolina Document)

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Jurat (South Carolina Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Aiken County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Aiken County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Affidavit of Deceased Joint Tenant Forms:

• Aiken County

Including:

• Aiken
• Bath
• Beech Island
• Clearwater
• Gloverville
• Graniteville
• Jackson
• Langley
• Monetta
• Montmorenci
• New Ellenton
• North Augusta
• Salley
• Vaucluse
• Wagener
• Warrenville
• Windsor

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What is the South Carolina Affidavit of Deceased Joint Tenant?

Joint tenancy in South Carolina is governed by S.C. Code Ann. 27-7-40.

When two or more people share ownership of real property, they have choice of ways in which to hold title -- either as tenants in common or as joint tenants with the right of survivorship.

Tenancy in common is the standard form of co-ownership. In it, each person owns a percentage of the land, and when the owner dies, that portion passes to his/her estate where it is distributed during the probate process.

Joint tenancy, on the other hand, must be declared in the text of the deed: "whenever any deed of conveyance of real estate contains the names of the grantees followed by the words 'as joint tenants with rights of survivorship, and not as tenants in common' the creation of a joint tenancy with rights of survivorship in the real estate is conclusively deemed to have been created" ( 27-7-40(a)).

The statutes go on to explain that in the "event of the death of a joint tenant, and in the event only one other joint tenant in the joint tenancy survives, the entire interest of the deceased joint tenant in the real estate vests in the surviving joint tenant, who is vested with the entire interest in the real estate owned by the joint tenants" ( 27-7-40(a)(i)).

If one or more joint tenant survives the deceased owner, "the entire interest of the deceased joint tenant vests equally in the surviving joint tenants who continues to own the entire interest owned by them as joint tenants with right of survivorship" ( 27-7-40(a)(ii)).

So, how does the survivorship process work? The statutes direct the surviving joint tenant or tenants to file with the Register of Deeds of the county in which the real estate is located a certified copy of the certificate of death of the deceased joint tenant. The fee to be paid to the Register of Deeds for this filing is the same as the fee for the deed of conveyance. The Register of Deeds must index the certificate of death under the name of the deceased joint tenant in the grantor deed index of that office. The filing of the certificate of death is conclusive that the joint tenant is deceased and that the interest of the deceased joint tenant has vested by operation of law in the surviving joint tenant or tenants in the joint tenancy in real estate" ( 27-7-40(b)).

While there is no specific statutory obligation to submit the certified copy of the death certificate with an affidavit attesting to the details of the change in ownership status, it makes sense to do so. An affidavit contains statements, made under oath, which can be admitted as evidence in court. By recording an affidavit of deceased joint tenant along with the death certificate, the surviving owner(s) protect the title to the real estate. Maintaining a clear chain of title leads to less complicated sales in the future because the title search will show a continuous series of owners and transfers, which reduces the likelihood of unexpected claims against the title.

Even though recording the affidavit of deceased joint tenant and the official copy of the death certificate initiates the process of distributing the decedent's share of the real property, the only way to remove his/her name from the title is to record a new deed with the updated information.

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Save Time and Money

Get your Aiken County Affidavit of Deceased Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.

Our Promise

The documents you receive here will meet, or exceed, the Aiken County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Customer Reviews:

4.8 out of 5 (3111 Reviews)

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November 27th, 2021

Name: Sheryl G.

Review: Simple way to complete documents with very detailed instructions. And to be able to e-file them is great too.

Reply from Staff on November 27th, 2021

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November 26th, 2021

Name: Susan S.

Review: What a delight to find this Website. Professionally done and easy to work with.

Reply from Staff on November 26th, 2021

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November 25th, 2021

Name: Gerald M.

Review: So easy to do. The examples and guides are well worth the few $$ this cost. Highly recommend!!

Reply from Staff on November 25th, 2021

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November 24th, 2021

Name: Walter K.

Review: Works ok but could have more specific information. My wife and I both own the Quit Claim property, should we both sign as Grantors?

Reply from Staff on November 24th, 2021

Thank you!

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November 23rd, 2021

Name: Gail J.

Review: Great! Got the document I needed

Reply from Staff on November 23rd, 2021

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November 23rd, 2021

Name: Julie A.

Review: This process was so easy. I am pleased with efficiency and ease of it all.

Reply from Staff on November 23rd, 2021

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November 23rd, 2021

Name: Mary-Ann K.

Review: Very pleasantly pleased so far. Hope to hear from the town registrar Transfer On Death Deed accepted. Wish all legal proceedings were so simple . . .

Reply from Staff on November 23rd, 2021

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November 22nd, 2021

Name: Donna R.

Review: Hi! Is there a setting that I can click on that will make sure I'm notified via email when an update is made to my requests? Thank you!

Reply from Staff on November 22nd, 2021

Thanks for your feedback, we'll have someone look into it.

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November 22nd, 2021

Name: Donna M.

Review: Appreciated the ability to not only download the form but the instruction's AND a sample.

Reply from Staff on November 22nd, 2021

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November 22nd, 2021

Name: Rosie R.

Review: LOVE THIS!! I am a REALTORand from time to time I have had to take documents for filing. I'm so glad I invested some time online researching eFiling services. The first few search results that populated required an expensive annual or monthly subscription. Luckily I continued to scroll and found Deeds.com. No annual or monthly subscription required. Just pay per use. I uploaded a ROL late one night and Deed.com had it eFiled the very next morning!!! They keep you updated throughout the process via email notifications which you click on the link provided in the email that directs you to your online portal to view the status and once your documents have been filed you can immediately download the filed of record documents including the receipt from the county in which the documents were filed. SO SIMPLE, CONVENIENT, & QUICK-THANK YOU DEEDS.com!!!

Reply from Staff on November 22nd, 2021

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