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As of now, South Carolina law does not permit the use of TOD deeds to transfer ownership of real estate. Instead, other estate planning tools, such as joint tenancy or a living trust, can be used to avoid probate for real estate.
"Section 62-3-907. (a) If distribution in kind (whether real or personal property) is made, the personal representative shall must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
In terms of content, an Estate distribution letter should include: the deceased's personal details; a detailed and complete list of all assets and liabilities; the Beneficiary names and the details of their respective inheritances; any details on debt settlement and creditor communication;
A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.
Q. May I prepare my own deed? A. Yes you may, but our office always recommends that you hire an attorney.
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.
A copy of the recorded Deed of Distribution needs to be filed at the Probate Court. Real property located in other South Carolina counties will require the Deed of Distribution be recorded in that location. You should then deliver the recorded Deed of Distribution to the new owners of the property.
Witnesses: A South Carolina will must be signed by at least two individuals, each of whom witnessed the signing of the will or the testator's acknowledgment of the signature or of the will. Writing: A South Carolina will must be in writing. Beneficiaries: A testator can leave property to anyone.