My Account Real Estate Deeds

South Carolina Trustee Deed

A trustee's deed transfers interest in real property held in a living trust.

A living (inter vivos) trust is an estate planning tool whereby a settlor transfers property to another (the trustee) for the benefit of a third (the beneficiary). The terms of a living trust are set forth in an unrecorded document executed by the settlor called the trust instrument (for testamentary trusts, the terms are established in the decedent's will). The trust's provisions establish the nature of the trust, designate a trustee, enumerate the trustee's powers, and identify the trust's beneficiaries, among other things.

Real property is transferred into trust when the settlor executes a deed conveying title to the trustee. In order to convey the property out of trust, as through sale, the trustee must execute a trustee's deed. Named after the executing party, the trustee's deed in South Carolina is generally a special warranty deed, which carries special warranty covenants that the grantor will warrant and defend the title against any lawful claims arising under, by, or through the grantor. This type of deed is particularly appropriate for trustees, who may have no knowledge of the standing of title prior to their trusteeship (and therefore cannot offer a broader warranty).

The trustee's deed names each acting trustee as the grantor and cites the name and date of trust. It should make a reference to the previous deed conveying the parcel into the trust (or the derivation of title), in addition to meeting all other requirements of form and content for instruments affecting interest in real property in the State of South Carolina.

The trustee's deed must be executed by all each trustee and acknowledged by two witnesses. Depending on the circumstances, the trustee may also execute a certification of trust and provide it alongside the instrument of transfer.

Consult a lawyer with questions about living trusts and trustee's deeds in South Carolina. South Carolina Trustee Deed Forms Have Been Updated as Recently as Friday January 22, 2021

4.8 out of 5 (2297 Reviews)

What others like you are saying:

Dean S. said: Couldn't be happier, great documents, easy to understand and complete.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Lori W. said: Disclaimer letter was just what I needed. Download worked without a hitch.

Reply from Staff: Thank you for your feedback Lori, we really appreciate it. Have a fantastic day!

Derrell S. said: I like the simplicity of your site and the reasonable charge for your services but for some reason you were unable to fulfill my order. Would appreciate knowing why. Derrell Sweem

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

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!

Reply from Staff: Thank you!

Anne S. said: Responsive and honest. They were unable to obtain records for me, no fault of theirs, and immediately let me know and credited my account. I give Deeds dot com five stars and would come back. Thank you.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

gene h. said: Had used website while working as Land Rep for major oil company (retired 2.5 years ago). Recently had need to do some online research and went back to to find needed documents. Same as before, website provides a great service at a great price.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

South Carolina Trustee Deed Form