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South Carolina - Williamsburg County Affidavit of Deceased Joint Tenant Forms

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Form Package
Affidavit of Deceased Joint Tenant
State
South Carolina
Area
Williamsburg County
Price
$24.97
Delivery
Immediate Download

Payment Information

Included Forms

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


Williamsburg County Affidavit of Deceased Joint Tenant Form Page 1

Affidavit of Deceased Joint Tenant Form - Williamsburg County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/12/2023

Williamsburg County Affidavit of Deceased Joint Tenant Guide Page 1

Affidavit of Deceased Joint Tenant Guide - Williamsburg County

Line by line guide explaining every blank on the form.
Included document last updated 1/6/2023

Williamsburg County Completed Example of the Affidavit of Deceased Joint Tenant Document Page 1

Completed Example of the Affidavit of Deceased Joint Tenant Document - Williamsburg County

Example of a properly completed form for reference.
Included document last updated 5/12/2023

Included Supplemental Documents

The Following South Carolina and Williamsburg County supplemental forms are included as a courtesy with your order.


Recording Requirements - Information Sheet (South Carolina Document)


Recording Fee Manual (South Carolina Document)


Deed Stamps Table (South Carolina Document)


Affidavit for Taxable Transfers (South Carolina Document)


Affidavit for Exempt Transfers (South Carolina Document)


Certificate of Acknowledgment - Individual (South Carolina Document)


Certificate of Acknowledgment - Representative (South Carolina Document)


Jurat (South Carolina Document)


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 Williamsburg 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 Williamsburg 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 Williamsburg 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 Williamsburg County that you need to transfer you would only need to order our forms once for all of your properties in Williamsburg County.
  • Are these forms guaranteed to be recordable in Williamsburg County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Williamsburg 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:

  • Williamsburg County

Including:

  • Cades
  • Greeleyville
  • Hemingway
  • Kingstree
  • Lane
  • Nesmith
  • Salters

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 Williamsburg 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 Williamsburg 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.

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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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Review: Deeds.com was so simple and easy to use! My local recorders office is closed due to COVID-19 and their recording said to use Deeds.com. I thought it was going to either be very complicated or very expensive and it was neither!!! The site walked me through step by step and the price of their service was very fair and affordable. They were very timely and efficient and my documents were recorded almost immediately! Thank you Deeds.com!!!

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Review: Easy enough to use the forms. Will probably get them reviewed before recording just to be sure.

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Name: Shane T.

Review: The Transfer on Death Deed form package was very good. But like anything, could use some improvements. There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property" The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway. The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.) It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.

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Name: Barbara S.

Review: I had an issue due to the fact that I had many beneficiaries. I was and still am not sure how to handle this. We do have Adobe Pro and can modify the form, if needed. But I would like to talk to your organization for more information.

Reply from Staff

While we are unable to assist you specifically with completing the document we can note that this is addressed in the guide. Information that does not fit in the available space should be included in an exhibit page.


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