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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.

Deeds.com South Carolina Trustee Deed Forms Have Been Updated as Recently as Wednesday November 6, 2019

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Eldridge S. said: very pleased to attain this important document

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Katherine N. said: Very easy to understand and complete.

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James J. said: The form itself was very good and easy to use. The only problem I had was the Sample they provided. Using a different name in every spot doesnt help determine what goes where. Using "Theodore Rockafeller" as Lien Claimant in one spot and Jebediah Finklestein in another then Harvey Johnson in the last spot is confusing if you really need a helpful sample.

Reply from Staff: Thank you for your feedback James. We will have staff review the completed example to see if we can make it more helpful. Have a great day!


Lajeanne F. said: Your service was as you promoted and I was able to get a copy of my deed and find the information on it I needed. Thank you.

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Richard S. said: Prompt and reliable service!!

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Patrick A. said: Real value. Excellent forms, guidance & samples. Included Homestead Exemption form & info are also valuable & greatly appreciated.

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South Carolina Trustee Deed Form