Colleton County Affidavit of Deceased Joint Tenant Form

Colleton County Affidavit of Deceased Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.

Colleton County Affidavit of Deceased Joint Tenant Guide
Line by line guide explaining every blank on the form.

Colleton County Completed Example of the Affidavit of Deceased Joint Tenant Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional South Carolina and Colleton County documents included at no extra charge:
Where to Record Your Documents
Colleton County Register of Deeds
Address:
31 Klein St / PO Box 157
Walterboro, South Carolina 29488
Hours: Monday - Friday 8AM - 5PM
Phone: (843) 542-2745
Recording Tips for Colleton County:
- Both spouses typically need to sign if property is jointly owned
- Make copies of your documents before recording - keep originals safe
- Consider using eRecording to avoid trips to the office
Cities and Jurisdictions in Colleton County
Properties in any of these areas use Colleton County forms:
- Canadys
- Cottageville
- Edisto Island
- Green Pond
- Islandton
- Jacksonboro
- Lodge
- Round O
- Ruffin
- Smoaks
- Walterboro
- Williams
How do I get my forms?
Forms are available for immediate download after payment. The Colleton 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 Colleton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Colleton 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 Colleton 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 Colleton County?
Recording fees in Colleton County vary. Contact the recorder's office at (843) 542-2745 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 Colleton 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 Colleton County.
Our Promise
The documents you receive here will meet, or exceed, the Colleton 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 Colleton 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.
4.8 out of 5 - ( 4569 Reviews )
Holly K.
November 4th, 2022
This is the simplest way to record a deed ever. Just uploaded the deed and the professionals at deed.com did the rest. Within 8 hours, I had my recorded deed back. The price is fantastic. It would have cost me more in gas to drive to the county where I had to record the deed.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Howard N.
March 26th, 2025
I tried several other online sites for lady bird deed. The county said they didn't contain the correct information. The form from Deeds.com was the right one. Thank you Howard Nielsen
Thank you for your positive words! We’re thrilled to hear about your experience.
Anthony L.
February 15th, 2020
I recently needed an affidavit of death. The form and help tools made it easy to fill out and file. the Recorder accepted this form . Which made the experience painless and easy . All things considered..
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Ron B.
September 15th, 2019
Solved my requirement. Happy to have found the site
Thank you for your feedback. We really appreciate it. Have a great day!
Joseph R.
July 23rd, 2022
Deeds.com has saved me quite a bit in attorney fees by making legal forms available on line. Easy to use, just fill in the blanks.
Thank you for your feedback. We really appreciate it. Have a great day!
Charles F.
April 28th, 2020
Hi Please do not take time to respond to my previous inquiry - - - I figured it out. Deeds.com is a great tool for those of us who have occasional need for your type of services. Thanks ! Chuck
Thank you!
JAMES D.
November 5th, 2022
Fast and easy. Sample completed form & guidelines very useful.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Jason B.
July 19th, 2022
KVH provided excellent customer service (great communication was provided). I would differently use this service if needed in the further.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Emily P.
March 25th, 2020
Used the quitclaim form and the erecording service. Very smooth transaction, everything worked as it should.
Thank you for your feedback. We really appreciate it. Have a great day!
Dennis F.
December 20th, 2024
The release of mortgage form was OK, and accepted at the recorder's office, but there were some problems. Many of the fields to type in were too small to accept the data, and I could not find a way to change the field size or use a smaller font. Otherwise I was satisfied.
Your feedback is a crucial part of our dedication to ongoing improvement. Thank you for your insightful comments.
Thomas M.
August 24th, 2021
Great Service. I had to record 13 deeds in various Oregon counties, with o previous experience, and the process was straightforward with excellent instruction. Thank you.
Thank you for your feedback. We really appreciate it. Have a great day!
David R.
February 8th, 2024
Very straightfoward and simple process. The submission of my artifact was completed within a half hour. The best part for me was the coverage/service-area that it included my jurisdiction
We are delighted to have been of service. Thank you for the positive review!
Carrie A.
September 28th, 2020
Great service fast and easy.
Thank you!
Gretchen R.
November 13th, 2019
I can't think of any suggestions for improvement. The documents I needed were readily available. Thank you
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Kristina R.
March 27th, 2020
Fast and friendly service. I will use Deeds.com again.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!