South Carolina - Charleston County Affidavit of Deceased Joint Tenant Forms

Included Forms

All Charleston County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following South Carolina and Charleston 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 South Carolina or Charleston County. 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 Charleston County 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 Charleston County Affidavit of Deceased Joint Tenant 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 Affidavit of Deceased Joint Tenant 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 Charleston County that you need to transfer you would only need to order our forms once for all of your properties in Charleston County.
• Are these forms guaranteed to be recordable in Charleston County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Charleston 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:

• Charleston County

Including:

• Adams Run
• Awendaw
• Charleston
• Charleston Afb
• Folly Beach
• Hollywood
• Isle Of Palms
• Johns Island
• Mc Clellanville
• Mount Pleasant
• North Charleston
• Ravenel
• Sullivans Island
• Wadmalaw Island

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.

Our Promise

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

Save Time and Money

Get your Charleston 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 and local jurisdictions.

Customer Reviews:

4.8 out of 5 (4055 Reviews)

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May 31st, 2023

Name: Robert C.

Review: Not easy to navigate as a first time user. I printed the first page but lost the link to the second page.

Reply from Staff on May 31st, 2023

Thank you for taking the time to provide us with your valuable feedback. I'm sorry to hear that you've encountered difficulties with our website's navigation, particularly as a first-time user. Furthermore, your comments about the website's navigation have been taken into account. We continually strive to improve our website and make it as intuitive and user-friendly as possible. Your feedback is crucial for us in achieving this goal. Thank you again for your feedback. If you have any other suggestions or need further assistance, please don't hesitate to contact us.

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May 30th, 2023

Name: Felicia T.

Review: Great service with all the added resources on the form I requested. Question: How long do the forms stay available on my account?

Reply from Staff on May 30th, 2023

Thanks for the feedback Felicia. Our goal is to keep the documents available in your account indefinitely. It's a good idea to download the documents and store them yourself just in case.

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May 30th, 2023

Name: John C.

Review: So far it's OK but have not filed it with the the county so can't say if it will be what they want

Reply from Staff on May 30th, 2023

Thank you for your feedback. We really appreciate it. Have a great day!

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Name: CECIL E C.

Review: You made it easy to attain the documents I needed. The cost was very reasonable...thanks

Reply from Staff

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Name: Brian T.

Review: Great to find this makes for easy work when you need to secure your ownership of a property!!Thanks guys Brian the Mann

Reply from Staff

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Name: Michelle G.

Review: This was a great service! I was having trouble recording something and found this was the best, and quickest, way to get it completed. Excellent service! Will definitely use them again!

Reply from Staff

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Name: Carolyn M.

Review: Very helpful and informative. The online site walked you through step by step and if you had a question, which I did, I called with my question. Thanks again.

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Name: Katherine A R.

Review: It's very easy to navigate through the website to find the service that you want. Great program.

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Name: Suzan B.

Review: Using Deeds.com could not have been easier. The examples and line-by-line instructions helped a lot! I am so glad I found you.

Reply from Staff

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Name: Diane W.

Review: The forms were immediately available for download, which was nice. However, I was not impressed by the lack of several features: 1) there was no way to edit set text in the form, such as where it says you should consult an attorney. That is not necessary for recording the deed and I wanted to deleted it, but could not. 2) Also, under the "Notes" section, there is a limited area to write; I tried adding a fuller explanation of something, but the form would not accept or include it when I printed the final document. The form may do the job, but it's not very sophisticated or elegant.

Reply from Staff

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Name: DONNA F.

Review: very easy and fast thank you would recommend

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Name: Samuel M.

Review: it was convenient to have a starting place, however, though the property is in Colorado, the probate is in Iowa, so I had to create my own document because you locked my capacity to edit the form I paid for. If I pay for it, I should be able to edit everything including non fill in text. I could not open it in word, as I normally could.

Reply from Staff

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Name: Linley S.

Review: This website is extremely easy to use and provides exactly what is needed to record things. I am very appreciative of this service, especially when I can't get to the court right now due to them being closed due to COVID-19 right now. Thank you!

Reply from Staff

Thank you Linley, glad we are able to help.

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Name: Ronald C.

Review: Easy to navigate and very concise

Reply from Staff

Thank you!

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Name: Michael C.

Review: No Search feature on the site? How do I look for forms?

Reply from Staff

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