Marlboro County Affidavit of Deceased Joint Tenant Form

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

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

Marlboro 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 Marlboro County documents included at no extra charge:
Where to Record Your Documents
Marlboro County Clerk of Court
Bennettsville, South Carolina 29512-0996
Hours: 8:30 to 5:00 M-F
Phone: (843) 479-5613
Recording Tips for Marlboro County:
- Recording fees may differ from what's posted online - verify current rates
- Avoid the last business day of the month when possible
- Recording early in the week helps ensure same-week processing
Cities and Jurisdictions in Marlboro County
Properties in any of these areas use Marlboro County forms:
- Bennettsville
- Blenheim
- Clio
- Mc Coll
- Tatum
- Wallace
Hours, fees, requirements, and more for Marlboro County
How do I get my forms?
Forms are available for immediate download after payment. The Marlboro 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 Marlboro County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marlboro 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 Marlboro 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 Marlboro County?
Recording fees in Marlboro County vary. Contact the recorder's office at (843) 479-5613 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 Marlboro 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 Marlboro County.
Our Promise
The documents you receive here will meet, or exceed, the Marlboro 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 Marlboro 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 - ( 4572 Reviews )
Gisela A.
April 11th, 2019
Great selection of documents. Properly formatted form also included great instructions and the example was very helpful. Filed it myself - no problem!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Gary B.
September 28th, 2021
The whole experience was amazing. Your site was easy to work with and the staff was supper responsive. We were in and out in a flash!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Scott M.
August 21st, 2024
Complete Package don't spend good money for a title co. to do this
Thank you for your feedback. We really appreciate it. Have a great day!
Michael O.
April 18th, 2019
Received everything that was promised.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Deidre E.
November 18th, 2024
Best thing since sliced bread. Do your homework. Find the documents with Deeds.com and bypass expensive and unnecessary lawyers fees.
We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.
Priscilla Z.
November 7th, 2022
Very user friendly and easy. I appreciated the sample deed that was provided. Definitely recommend!
Thank you!
suzanne m.
April 9th, 2020
Finding what I needed was quick and easy.
Thank you!
Suzette H.
October 6th, 2021
helped clarify how process works Thanks
Thank you!
Mary W.
June 25th, 2020
Easy to access and good instructions. Where to mail would be the only thing I would add.
Thank you for your feedback. We really appreciate it. Have a great day!
Adam P.
September 17th, 2020
So far so good I am happy with the service and the timeliness of the recordings. One of the only recording services that allows for the use of credit card.
Thank you for your feedback. We really appreciate it. Have a great day!
Stephen D.
July 18th, 2023
Excellent service!
Thank you!
William P.
June 28th, 2022
VERY difficult to work with. Nice people. But difficult system. Ask for MANY changes. Why dont you do that as a
Sorry to hear of your struggle William. We do hope that you found something more suitable to your needs elsewhere.
April K.
October 27th, 2020
Thank you so much! Quick and easy. Received it in under 5 minutes.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Fred B.
February 8th, 2019
Great service and all seems to be what I was looking for
Thank you Fred, have a great day!
Nick A.
January 13th, 2022
Easy to use website. Found what I was looking for.
Thank you for your feedback. We really appreciate it. Have a great day!