What Happens to Jointly Owned Property in South Carolina When an Owner Dies?
When a joint owner dies in South Carolina, what the survivor records is the “Certified copy of the certificate of deathS.C. Code Ann. § 27-7-40(b)Verified Oct 26, 2026View source”.
South Carolina names the “Certified copy of the certificate of deathS.C. Code Ann. § 27-7-40(b)Verified Oct 26, 2026View source”. South Carolina law names no affidavit for a surviving joint tenant. The interest vests in the survivor at the death, and the survivor may file a certified copy of the certificate of death with the Register of Deeds in the county where the land liesS.C. Code Ann. § 27-7-40(b)Verified Oct 26, 2026View source.
Attached when recorded: death certificate (a certified copy of the certificate of death of the deceased joint tenant)S.C. Code Ann. § 27-7-40(b)Verified Oct 26, 2026View source.
South Carolina's statutory survivorship vesting is a deed naming the grantees "as joint tenants with rights of survivorship, and not as tenants in common"; the statute does not create a tenancy by the entirety. The South Carolina Supreme Court has held that the statute does not apply to a joint tenancy created by a deed executed before it took effect on August 17, 2000; the common law governs those tenanciesS.C. Code Ann. § 27-7-40Verified Oct 26, 2026View source.
In South Carolina, no statute authorizes a transfer on death deed, so a death affidavit on that basis does not arise.
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Learn moreForms for Settling an Estate in South Carolina
Free forms for settling an estate in South Carolina: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In South Carolina, the notice to creditors is published for 3SC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 8 monthsS.C. Code § 62-3-803Verified Sep 8, 2026View source from first publication to present claims.
Small Estate Affidavit
In South Carolina, the Small Estate AffidavitS.C. Code § 62-3-1201Verified Sep 8, 2026View source covers estates valued at $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source or less, 30 daysS.C. Code § 62-3-1201Verified Sep 8, 2026View source after death, filed with the court.
Estate Inventory
In South Carolina, the personal representative files the estate inventory within 90 daysS.C. Code §§ 62-3-706, 62-3-707, 62-3-708Verified Sep 15, 2026View source of appointment.
Estate Closing
In South Carolina, the personal representative is discharged by court orderS.C. Code §§ 62-3-1001(c), 62-3-1005; 62-3-1204(b)Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in South Carolina
Free tools for settling an estate in South Carolina: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In South Carolina, certified death certificates come from the South Carolina Department of Public Health - Vital Records SectionSouth Carolina Department of Public Health - Vital Records SectionVerified Oct 15, 2026View source; the first copy costs $12South Carolina Department of Public Health - Vital Records SectionVerified Oct 15, 2026View source, additional copies $3South Carolina Department of Public Health - Vital Records SectionVerified Oct 15, 2026View source each.
Do I Need Probate?
In South Carolina, estates valued at $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source or less use the Small Estate AffidavitS.C. Code § 62-3-1201Verified Sep 8, 2026View source, 30 daysS.C. Code § 62-3-1201Verified Sep 8, 2026View source after death, a court filing short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
South Carolina requires a final state income tax return for the decedent alongside the federal Form 1040S.C. Code Ann. §§ 12-6-510, 12-6-1140(15), 12-6-1170, 12-6-1171 (as amended by H.4216, Act No. 110 (R.117), 2026)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in South Carolina: the personal representative files the estate inventory within 90 daysS.C. Code §§ 62-3-706, 62-3-707, 62-3-708Verified Sep 15, 2026View source of appointment; creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in South Carolina, the estate either qualifies for the simplified procedure for estates under $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source or goes through probate, where creditors have 8 monthsS.C. Code § 62-3-803Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
South Carolina levies no estate or inheritance taxNo state estate or inheritance tax. S.C. Code Ann. § 12-16-510(A) still imposes an estate tax "in the amount of the federal credit," but § 12-16-20(2) measures that credit by IRC § 2011, which EGTRRA (P.L. 107-16 § 532) phased out for deaths after 12/31/2004 — so the levy computes to $0 (an inert pick-up tax left on the books, never repealed). SCDOR: "South Carolina has no Estate Tax for decedents dying on or after January 1, 2005." No inheritance tax and no state gift tax (neither exists in Title 12).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
South Carolina imposes no inheritance or estate taxNo state estate or inheritance tax. S.C. Code Ann. § 12-16-510(A) still imposes an estate tax "in the amount of the federal credit," but § 12-16-20(2) measures that credit by IRC § 2011, which EGTRRA (P.L. 107-16 § 532) phased out for deaths after 12/31/2004 — so the levy computes to $0 (an inert pick-up tax left on the books, never repealed). SCDOR: "South Carolina has no Estate Tax for decedents dying on or after January 1, 2005." No inheritance tax and no state gift tax (neither exists in Title 12).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
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South Carolina Estate Settlement Resources
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