Chester County Affidavit of Deceased Joint Tenant Forms (South Carolina)

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Affidavit of Deceased Joint Tenant

State

South Carolina

Area

Chester County

Price

$27.97

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Immediate Download

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More info on getting a copy of your existing deed and eRecording.

Included Forms

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

Affidavit of Deceased Joint Tenant Form

Affidavit of Deceased Joint Tenant Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 2/29/2024

Affidavit of Deceased Joint Tenant Guide

Affidavit of Deceased Joint Tenant Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/1/2024

Completed Example of the Affidavit of Deceased Joint Tenant Document

Completed Example of the Affidavit of Deceased Joint Tenant Document

Example of a properly completed form for reference.
Included document last reviewed/updated 1/17/2024

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 Chester 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?

Forms are NOT emailed to you. Immediately after you submit payment, the Chester County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What type of files are the forms?

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

Are these forms guaranteed to be recordable in Chester County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Chester 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:

  • Chester County

Including:

  • Blackstock
  • Chester
  • Edgemoor
  • Fort Lawn
  • Great Falls
  • Lando
  • Richburg

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.

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

Our Promise

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

Reviews

4.8 out of 5 (4317 Reviews)

Dyanna B.

April 23rd, 2024

Got what I needed. Easy access.

Reply from Staff

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Gina G.

April 17th, 2024

This service is fantastic! Took a few tries to scan the document correctly, but their patience and quick turn around made this a far better experience than going to the County myself.

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We are delighted to have been of service. Thank you for the positive review!

Michael M.

April 17th, 2024

Great service that satisfied all my needs. Great prices too.

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Mark W.

December 19th, 2022

Great form and easy to complete. Sending a sample and instructions was very helpful. Thank you!

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Norma G.

May 9th, 2019

Thank you! This is very helpful

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Thank you!

Edward S.

June 10th, 2020

I was able to e-record 3 document with ease. The Middlesex registry of deeds is closed due to COVID-19 and this was my only option. Even if it was open, this is much faster and saves me time and money on parking ..etc. Great services.

Reply from Staff

Thank you!

JUDITH-DIAN W.

June 28th, 2023

I didn't have any problem downloading and filling out the form on my computer and printing it yesterday. I didn't know what to put for "Source of Title". I called the county recording office; they didn't know either and said to leave it blank. I got the form notarized at my bank and took it in to the recording office. They checked it, accepted it, I paid a fee, and it's done. So easy. My children will appreciate that I've done this. Added note: You do have one typo on your form--you left out 'at'. It should read: "You should carefully read all information at the end of this form."

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Steven T.

August 1st, 2022

I needed the deed forms for setting up our living trust. It appears this will do the trick! Steve

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Julie G.

November 30th, 2020

Great online tool to get your deeds recorded without having to go downtown! Will be using deeds.com for all our future recordings!

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David K.

April 4th, 2019


Excellent instructions to guide one through the warranty deed.

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Darrell C.

March 26th, 2022

Excellent Service

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Pamela C.

October 5th, 2022

It was easy to download. And your guide was informative as was the completed form for an example. But I wish that I had been able to edit the forms online and then print.

My handwritten info is just not as crisp.

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Robert O.

March 3rd, 2019

A very easy site to use and got the documents that I needed without any problems. Would highly recommend this site.

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Thank you Robert, Have a great day!

John C.

May 30th, 2023

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

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Jeri M.

October 28th, 2019

Very happy with the site and the deed document I received.

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