South Carolina - Marion County Personal Representative Deed of Sale Forms

Included Forms

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

• Marion County

Including:

• Centenary
• Gresham
• Marion
• Mullins
• Rains
• Sellers

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 Marion 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 Marion 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 (3807 Reviews)

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December 3rd, 2022

Name: CHARLES H.

Review: Easy to fill-in forms, easy instructions, worth purchasing

Reply from Staff on December 3rd, 2022

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December 2nd, 2022

Name: Bea Lou H.

Review: easy access and easy to find what I was looking for. Thank you

Reply from Staff on December 2nd, 2022

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December 1st, 2022

Name: Shantu S.

Review: Easy to follow directions and complete the Deed.

Reply from Staff on December 1st, 2022

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Name: MARIA G.

Review: I tried 3 local attorneys and got no where , wrong information, to busy and another one was very rude. One said he'd do it then didn't. I was so stressed and tried a different online form company advertising an in person attorney within hours. They did call back but gave me the wrong answer. I needed a form used in NC and knew about it from the clerk of the court. The deadline was approaching, I looked one more time and found Deeds.com. They have the form and the much need instructions and for less than $30.00. I am so pleased and also relived!

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Name: Connie B.

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Review: Great to have online resources! I will most definitely refer others! Best regards,

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Name: Christine R.

Review: Ordering and directions were easy. The only thing missing in the instructions was how to record by mail. Thanks!

Reply from Staff

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Name: Melody S.

Review: Although I was given quite a bit of information, I wanted my property title. I was not informed of what I would receive before I paid for this service.

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Name: Robert J D.

Review: No feedback

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