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South Carolina does not authorize transfer on death deeds. 3 alternatives are available to transfer real property at death without probate.
South Carolina has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute.
SC Senate Bill 49 (2025-2026, Sen. Davis) introduced Jan 14, 2025 to add Section 27-1-80 establishing TOD designations for real property; referred to Senate Judiciary Committee with no further action as of May 2026. Separately, House Bill 4264 (SC Enhanced Life Estate Deed Act, introduced Mar 27, 2025) proposes Lady Bird / enhanced life estate deeds — a distinct mechanism from TOD deeds — and remains in House Judiciary Committee (last action Feb 10, 2026 added co-sponsors). Note: SC has adopted the Uniform TOD Security Registration Act for securities (S.C. Code 62-6-301 through 62-6-311), which is unrelated to real property TOD deeds. Prior sessions had TOD bills for titled personal property only (Bill 3950 in 2021-2022, Bill 5189 in 2023-2024), not real property.
These mechanisms transfer real property at death without probate in South Carolina:
Consult a licensed attorney for help choosing the right mechanism for your situation.
South Carolina legislators have introduced bills to authorize transfer on death deeds. The law has not been enacted as of the verification date (2026-05-27).
South Carolina has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute.
South Carolina recognizes 3 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship; Life estate deed.
No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in South Carolina.
Yes. Legislation authorizing transfer on death deeds has been proposed in South Carolina, but is not currently enacted. SC Senate Bill 49 (2025-2026, Sen. Davis) introduced Jan 14, 2025 to add Section 27-1-80 establishing TOD designations for real property; referred to Senate Judiciary Committee with no further action as of May 2026. Separately, House Bill 4264 (SC Enhanced Life Estate Deed Act, introduced Mar 27, 2025) proposes Lady Bird / enhanced life estate deeds — a distinct mechanism from TOD deeds — and remains in House Judiciary Committee (last action Feb 10, 2026 added co-sponsors). Note: SC has adopted the Uniform TOD Security Registration Act for securities (S.C. Code 62-6-301 through 62-6-311), which is unrelated to real property TOD deeds. Prior sessions had TOD bills for titled personal property only (Bill 3950 in 2021-2022, Bill 5189 in 2023-2024), not real property.