Does South Carolina Allow Transfer on Death Deeds?

South Carolina does not authorize transfer on death deeds. 3 alternatives are available to transfer real property at death without probate.

Why TOD deeds aren't available in South Carolina

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 August 2026. The 126th General Assembly recessed May 14, 2026 subject to the call of the presiding officers and does not adjourn sine die until November 8, 2026, so the bill is still technically pending, though the recess terms limit business to appropriations, vetoes, appointments and similar matters rather than general legislation. No transfer-on-death act for real property has been ratified in the 126th General Assembly through its most recent ratification on August 11, 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: the only codified TOD designation in SC is for titled personal property (vehicles, mobile homes, watercraft, outboard motors) under S.C. Code 62-6-401, which does not reach real property. Prior sessions had TOD bills for titled personal property only (Bill 3950 in 2021-2022, Bill 5189 in 2023-2024), not real property.

Alternatives for South Carolina

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.

Legislation pending

S 49 (126th General Assembly (2025-2026)) is pending. Last action: Referred to Senate Judiciary; no action since. The General Assembly adjourned May 14, 2026 and stands in recess subject to the call of the presiding officers, meeting only to ratify acts (most recently August 11, 2026); the bill remains alive until sine die adjournment, set for no later than November 8, 2026.

Frequently asked questions

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. S 49 (126th General Assembly (2025-2026)) is pending — last action: Referred to Senate Judiciary; no action since. The General Assembly adjourned May 14, 2026 and stands in recess subject to the call of the presiding officers, meeting only to ratify acts (most recently August 11, 2026); the bill remains alive until sine die adjournment, set for no later than November 8, 2026.