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South Carolina Disclaimer of Interest

Under the South Carolina statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (S.C. Code Ann. 62-2-801). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (S.C. Code Ann. 62-2-801 (c) (5))

The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant (S.C. Code Ann. 62-2-801 (c) (3)).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the transferor, his or her fiduciary, the person holding title or possession of the property, or to the court that would have jurisdiction (S.C. Code Ann. 62-2-801 (c) (3) (iv)). In the case of real property, record a copy of the disclaimer in the office of the clerk of courts or the registrar of the county in which the real estate is located.

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.

Deeds.com South Carolina Disclaimer of Interest Forms Have Been Updated as Recently as Thursday August 15, 2019

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daniel b. said: nice & easy, site needs to have notification as to security of credit card info. who and how?

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shaun s. said: Pretty quick and accurate, thank you

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Eric D. said: Very helpful and informative. It has saved me time going to get the forms at county recorder / clerk (as my county and state websites dont offer forms on their sites) and also provided help understanding the uses of the specific deed I needed to use.

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Amanda S. said: Thank you! My husband and I went in the get notary stamps for a Special Warranty Deed and a Post Nuptial Agreement. The representative was very knowledgeable and thorough with the notary process. She made sure we read and understood all documents that we were signing and they required us to recite in sworn statements that everything there was true and understood! I will be using the notary service again at Bank of America! The representative was very respectful and had a nice smile the entire time to make our visit great!

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Dennis B. said: It was easy to download the necessary "Death of Joint Tenant" forms. These easy to use interactive forms are made to comply with the laws specific to your state.

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South Carolina Disclaimer of Interest Form