Does South Carolina allow a transfer on death deed?
No. South Carolina has no transfer on death deed law for real estate. Last checked .
South Carolina at a glance
- TOD deed for real estate
- No
How a house passes in South Carolina without a TOD deed
- Small-estate affidavit cap. $45,000
- Real estate. The affidavit collects personal property only, and the official form (SCCA 420ES, rev. 03/2026) requires stating that the probate estate includes no interest in real property. An estate with probate real estate needs a personal representative; small estates can then use summary administration under 62-3-1203.
- Small estates summary administrative procedure (S.C. Code § 62-3-1203, closing § 62-3-1204). After a personal representative is appointed and an inventory is filed, if the probate estate less liens is no more than $45,000 plus exempt property, administration costs, funeral and last-illness expenses (or the personal representatives are the sole heirs/devisees), the PR publishes notice to creditors, distributes, and closes by sworn statement.
What people in South Carolina use instead
South Carolina has no TOD deed. S.C. Code § 27-7-40 recognizes a deed to grantees 'as joint tenants with rights of survivorship', under which a deceased joint tenant's interest vests in the survivors.
Good to know in South Carolina
- H. 4264 would create statutory enhanced life estate ('Lady Bird') deeds; it is only a bill (in House Judiciary since 2025-03-27).
Official pages
Sources
- S. 49 (2025-2026) Transfer on Death Deed - status (read October 28, 2026)
- H. 4264 (2025-2026) SC Enhanced Life Estate Deed Act - status (read October 28, 2026)
- S.C. Code Title 27 Ch. 7, § 27-7-40 (read October 28, 2026)
Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.
More for South Carolina
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- RentingBreaking a leaseTenant notice (month-to-month): 30 days
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- UnemploymentUnemployment benefitsWeekly benefit: $42–$350, up to 20 weeks
- Small claimsSmall claims courtMost you can sue for: $7,500
- EstatesSmall estate affidavitSkip-probate cap: $45,000
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