South Carolina - Hampton County Personal Representative Deed of Sale Forms

Included Forms

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

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Included Supplemental Documents

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

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Recording Requirements - Information Sheet (South Carolina Document)

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Recording Fee Manual (South Carolina Document)

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Deed Stamps Table (South Carolina Document)

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Affidavit for Taxable Transfers (South Carolina Document)

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Affidavit for Exempt Transfers (South Carolina Document)

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Certificate of Acknowledgment - Individual (South Carolina Document)

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Certificate of Acknowledgment - Representative (South Carolina Document)

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Jurat (South Carolina Document)

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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 the state or local jurisdiction. 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 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 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Hampton County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hampton 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 Personal Representative Deed of Sale Forms:

• Hampton County

Including:

• Brunson
• Crocketville
• Early Branch
• Estill
• Furman
• Garnett
• Gifford
• Hampton
• Luray
• Miley
• Scotia
• Varnville
• Yemassee

What is the South Carolina Personal Representative Deed of Sale?

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.

Unless empowered in the decedent's will, a personal representative (PR) may not sell property from the estate without the court's authorization (62-3-711(b)). The procedures for selling real property in probate are outlined at 62-3-1301 et seq., and are "the only procedure for the sale of lands by the court, except where the will of the decedent authorizes to the contrary" (62-3-1301). A PR may be required to sell real property to pay claims on the estate or for other expenses in the course of administration.

The process for a sale of realty involves filing inventory and appraisement with the court, submitting a petition for the sale of property, filing a lis pendens (a notice that the property is the subject of litigation) and serving summonses, hearing the petition, and the court issuing an order for either private or public sale.

To transfer title following a sale, the PR executes a deed. A PR deed follows the statutory form of conveyances in South Carolina, under S.C. Code 27-7-10. When recorded, the deed transfers an estate in fee simple to the grantee with full warranties of title.

A purchaser receiving a deed from a PR "takes title to the real property free of rights of any heirs or devisees or other interested person in the estate and incurs no personal liability to the estate or to any heir or devisee or other interested person in the estate" regardless of whether such sale was proper (62-3-910(B)). Purchasers dealing with personal representatives are also protected under 62-3-714, provided the estate is not administered under Part 5 of the Probate Code (estates in mediation; see 62-3-501 et seq.). Buyers may request a short certificate from the PR to determine whether the estate is under Part 5 administration.

The deed must meet all state and local requirements for documents affecting title to real property. The PR signs the deed 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 personal representative's deeds in South Carolina, as each situation is unique.

Our Promise

The documents you receive here will meet, or exceed, the Hampton 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 Hampton County Personal Representative Deed of Sale 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.

Customer Reviews:

4.8 out of 5 (3135 Reviews)

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December 8th, 2021

Name: Linda J.

Review: I was referred to you by a recording service for Walton County, Florida. I registered on your website, and 48 hours later I received a copy of a recorded deed. Easy and Fast!

Reply from Staff on December 8th, 2021

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December 7th, 2021

Name: LAWRENCE P.

Review: How about a single button zip download of the files displayed instead of downloading them one at a time?

Reply from Staff on December 7th, 2021

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December 7th, 2021

Name: Madeleine W.

Review: I was dubious at first that clicking on Deeds.com would lead to a phoney website to get personal info. I was very pleased that this is a legitimate & well-organized website with a large database of forms. Very easy to select forms, pay for them, & download them. No hassle, no pushing you to make additional purchases. Very straightforward & professional.

Reply from Staff on December 7th, 2021

Thank you!

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December 7th, 2021

Name: Anthony P.

Review: Documents exactly as described, no complaints.

Reply from Staff on December 7th, 2021

Thank you!

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December 7th, 2021

Name: David L.

Review: Really a great service for a reasonable price. Will definitely use again.

Reply from Staff on December 7th, 2021

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December 6th, 2021

Name: WJ H.

Review: The Quit Claim Deed for the state of Ohio worked for me, saving me the cost of an attorney doing it. O.K., maybe that wouldn't have amounted to more than a few hundred dollars, but anywhere I thought I could save money (and learn something new on top of it) is something I want to do. That said, be forwarned. While I'm not an attorney I'm not averse to spending many hours researching the lingo found in this kind of form and thoroughly understanding exactly how everything has to be filled in. I should add that my ex-wife and I remain friends and she was the one giving me the property/house (thus, technically I filled out the forms on her behalf). Because there was no personal conflict, it made it easier to undertake. Lastly, what others have said about the county office where you must file a Quit Claim Deed not being helpful, that's true in the sense that they do not want to be instructing non-attorneys on filling out the necessary forms. I did take a preliminary draft set of the forms to the county office but was VERY CAREFUL about explaining that I only needed a couple of questions answered about procedure for submitting the final documents. They were helpful once I made it clear I wasn't asking them for "legal advice". And their help was critical as the final submittals requires stopping at three different offices (MapDocuments, Auditor and finally the Recorder's office). So I say thank you to Deeds.com. Their service for the Quit Claim Deed was invaluable.

Reply from Staff on December 6th, 2021

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

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December 6th, 2021

Name: Daniel R.

Review: Could have had Clerk's certification of mailing form after it is recorded. Not fatal, but I did have to resort to reading the statute as well.

Reply from Staff on December 6th, 2021

Thank you!

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December 3rd, 2021

Name: Alan M.

Review: The packet I downloaded was complete and useful, and process was not unduly opaque. However, I would have liked to download the whole packet, about 6 files, all at one go. Still, the forms provided the complete solution to my situation.

Reply from Staff on December 3rd, 2021

Thank you for your feedback. We really appreciate it. Have a great day!

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December 3rd, 2021

Name: Kevin M.

Review: My first time using Deeds.com and I am impressed how much you offer and how easy it is to use this site. Had the real-estate forms I needed plus a bonus of how to fill them out. Best value on the internet for real-estate forms and information.

Reply from Staff on December 3rd, 2021

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December 2nd, 2021

Name: Robert H.

Review: I was surprised that how comprehensive your website is. I quickly found what I was looking for, and it was just what I needed.

Reply from Staff on December 2nd, 2021

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