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 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: the only codified TOD designation in SC is for titled personal property (vehicles, mobile homes, watercraft) under S.C. Code 62-6-401, which expressly 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:
- •
- •Joint tenancy with right of survivorship
- •Life estate deed
Consult a licensed attorney for help choosing the right mechanism for your situation.
Legislation pending
South Carolina legislators have introduced bills to authorize transfer on death deeds. The law has not been enacted as of the verification date (2026-07-13).
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. 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: the only codified TOD designation in SC is for titled personal property (vehicles, mobile homes, watercraft) under S.C. Code 62-6-401, which expressly 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.