South Carolina - Cherokee County Affidavit of Deceased Joint Tenant Forms

Included Forms

All Cherokee 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 Cherokee 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 Cherokee 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 Cherokee 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 Cherokee 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 Cherokee County that you need to transfer you would only need to order our forms once for all of your properties in Cherokee County.
• 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.
• 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:

• Cherokee County

Including:

• Blacksburg
• Gaffney

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 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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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

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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

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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

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Name: Thomas J.

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Name: Dianne J.

Review: Happy to give you a 5 star rating. We have never been a position to get changes on and record our own deed. You made the process very easy. Submitted my forms on a Friday, made one correction that was requested of me, paid our fees and the received notification of deed being recorded the next Tuesday. Wonderful work on your part and super easy for me. Thanks!

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Name: Pamela B.

Review: The process was not difficult but I don't think that it suited my needs. There were several fields that were not applicable to me but I had to enter something to proceed. I also filled out the other form and mailed it in with some documentation that the electronic service did not ask for. Questions of my attempt are still unanswered. I hope I didn't waste time with this process. We shall see. Thank you.

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Name: Kimberly B.

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Name: Connie G.

Review: This product makes it so much easier to understand and file forms that you might have to pay an attorney to do. All Counties have their own way of submitting forms and with Deeds you have the correct format.

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Name: Eleanor E.

Review: Not knowing I could down load these forms, I first went to the local recording office thinking I could get info on the forms I needed. I was told that obviously you dont know what you are doing so find someone who does. This snippy clerk obviously didnt know the forms were accessible on line; either that or she was needing to feel her phony superiority.

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Name: Ginger L.

Review: Excellent full set of documents with example and guidelines on how to do it ourselves without paying a lawyer. Or, we save legal fees by completing it ourselves and having a lawyer review it. Love that I can save the pdf and fill it out whenever I want. Thank you for having this available!

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