Lee County Affidavit of Deceased Joint Tenant Form
Lee County Affidavit of Deceased Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.
Lee County Affidavit of Deceased Joint Tenant Guide
Line by line guide explaining every blank on the form.
Lee 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
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Additional South Carolina and Lee County documents included at no extra charge:
Where to Record Your Documents
Lee County Clerk of Court
Bishopville, South Carolina 29010
Hours: 8:30 to 5:00 Monday through Friday
Phone: (803) 484-5341 Ext 333
Recording Tips for Lee County:
- Verify all names are spelled correctly before recording
- Bring extra funds - fees can vary by document type and page count
- Avoid the last business day of the month when possible
- Mornings typically have shorter wait times than afternoons
Cities and Jurisdictions in Lee County
Properties in any of these areas use Lee County forms:
- Bishopville
- Elliott
- Lynchburg
Hours, fees, requirements, and more for Lee County
How do I get my forms?
Forms are available for immediate download after payment. The Lee 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 Lee County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lee 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 Lee 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 Lee County?
Recording fees in Lee County vary. Contact the recorder's office at (803) 484-5341 Ext 333 for current fees.
Questions answered? Let's get started!
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 Lee 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 Lee County.
Our Promise
The documents you receive here will meet, or exceed, the Lee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Lee 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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Julie K.
September 4th, 2023
The process for obtaining document itself was easy, and the included guide and example are great! I do have an issue with the format itself, though. The form has pre-defined text boxes, which cannot be altered without partially rebuilding the entire document. For the 'property description' field on the Mineral Deed form, the text box is not large enough for the rather lengthy legal description entered on my original plat. Fortunately, I have a copy of Adobe Pro, so I have been able to re-build the doc to accommodate this short-coming.
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We understand and appreciate your concern regarding the formatting and size limitations of certain fields, especially the 'property description' field. Our forms are designed to adhere to specific formatting requirements that are often mandated for legal compliance. Making direct alterations to the document can result in them becoming non-conforming, which is why we advise customers to use an exhibit page when their legal description is extensive or does not fit.
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January 27th, 2022
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November 2nd, 2020
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Todd W.
September 3rd, 2020
Communication is hard. The reps need to be empowered and encouraged to call the customers when necessary. They encourage 300 dpi resolution and under 2 MB PDF file, which is not even possible with our scanner. They made a vague comment about a legal description looking abbreviated but did not explain. They refused to call me. They said the county said "Image is light please darken", but the image looked fine to me. Maybe not their fault, but they refused to help work with the county on that for me. I followed their suggestion though and re-scanned at 300 dpi, but they misunderstood me and did not re-submit it right away. Over 48 hours later, it's still not recorded yet. I hope it will be today.
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January 12th, 2023
I was so confused on how to complete the form. But I followed the instructions and used the example and got it done.
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May 24th, 2022
I am a real estate attorney in CA. These Wyoming model deeds look too basic and barely adequate: no usual name and address at the top for tax statements and who recorded it. Some old fashioned legalese that only obfuscates. I won't use them. Your background info was good though.
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