Berkeley County Personal Representative Deed of Distribution Form

Additional South Carolina and Berkeley County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Berkeley County

Properties in any of these areas use Berkeley County forms:

• Bethera
• Bonneau
• Charleston
• Cordesville
• Cross
• Goose Creek
• Hanahan
• Huger
• Jamestown
• Ladson
• Moncks Corner
• Pineville
• Pinopolis
• Russellville
• Saint Stephen

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In South Carolina, title to a decedent's real property devolves at death to the decedent's heirs (intestate estates) and devisees (testate estates) (S.C. Code 62-3-101). Though title passes by operation of law, the estate is still subject to administration in probate. Probate is the legal process of settling the decedent's estate and distributing assets to those entitled to receive it. A PR may not make distribution of the estate without first obtaining permission from the court.

The personal representative (PR) of the estate executes a deed of distribution following an order for distribution from the court to distribute real property from a decedent's estate. The deed of distribution (Form 400ES) evidences the legal succession of title of the decedent's interest in real property and releases the PR's powers over the subject property.

The deed, given under 62-3-907, 62-3-908 is "conclusive evidence that the distributee has succeeded to the interest of the estate...against all persons interested in the estate" (62-3-908).

Apart from meeting all state and local standards for documents affecting title to real property, the deed of distribution must identify the reason for the transfer (i.e., a will, laws of intestacy, a family agreement, disclaimer, or order), and name each beneficiary and the percent of the decedent's interest in the subject property he or she is inheriting.

The deed of distribution is signed by the acting PR in the presence of a notary public and two witnesses before recording in the Register of Deeds' office of the county where the subject property is situated. A certified copy should be delivered to the probate court.

Consult a lawyer with questions regarding probate and deeds of distribution in South Carolina, as each situation is unique.

(South Carolina PRDOD Package includes form, guidelines, and completed example)

Important: Your property must be located in Berkeley County to use these forms. Documents should be recorded at the county recording office listed above.

This Personal Representative Deed of Distribution meets all recording requirements specific to Berkeley County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Berkeley County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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