South Carolina Forms

Cherokee County Affidavit of Deceased Joint Tenant Form

Cherokee County Affidavit of Deceased Joint Tenant Form

Cherokee County Affidavit of Deceased Joint Tenant Form

Fill in the blank form formatted to comply with all recording and content requirements.

Validated 7/15/2025 Preview Form
Cherokee County Affidavit of Deceased Joint Tenant Guide

Cherokee County Affidavit of Deceased Joint Tenant Guide

Line by line guide explaining every blank on the form.

Validated 5/20/2025 Preview Form
Cherokee County Completed Example of the Affidavit of Deceased Joint Tenant Document

Cherokee County Completed Example of the Affidavit of Deceased Joint Tenant Document

Example of a properly completed form for reference.

Validated 7/11/2025 Preview Form

All 3 documents above included • One-time purchase • No recurring fees

Important: Your property must be located in Cherokee County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Cherokee County Register of Deeds

Address:
110 Railroad Ave
Gaffney, South Carolina 29340

Hours: 8:30 to 5:00 M-F

Phone: (864) 487-2575

Recording Tips for Cherokee County:
  • Check that your notary's commission hasn't expired
  • Verify all names are spelled correctly before recording
  • Make copies of your documents before recording - keep originals safe

Cities and Jurisdictions in Cherokee County

Properties in any of these areas use Cherokee County forms:

  • Blacksburg
  • Gaffney

How do I get my forms?

Forms are available for immediate download after payment. The Cherokee County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Cherokee County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Cherokee County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Cherokee County?

Recording fees in Cherokee County vary. Contact the recorder's office at (864) 487-2575 for current fees.

Have other questions? Contact our support team

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.

(South Carolina AODJT Package includes form, guidelines, and completed example)

Important: Your property must be located in Cherokee County to use these forms. Documents should be recorded at the office below.

This Affidavit of Deceased Joint Tenant meets all recording requirements specific to Cherokee County.

Our Promise

The documents you receive here will meet, or exceed, the Cherokee 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 Cherokee 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.

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March 11th, 2021

I saved 225.00 with this purchase.Make sure you have an updated property description from your county tax collectors' office.In Bay county,Florida the tax office will email you an updated property description.I attached the email to the the deed.I had to change the date and they accepted a white out and ink correction on your form.

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December 15th, 2021

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May 10th, 2022

I did not use your service. $19 to upload a document to our local tax accessor office is a bit high. I drove the document to the office myself.

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January 17th, 2020

Very fast service

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December 23rd, 2021

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May 29th, 2021

Easy process. Appreciated the detailed instructions for filing.

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February 10th, 2020

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April 4th, 2021

The information seems complete and accurate. The form was easy to use and save. I'll let you know if we encounter problems getting the deed processed.

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