Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
If your deceased parent is the sole name on a property deed in South Carolina, you must follow the state’s probate and intestacy process to determine current ownership. South Carolina does not recognize transfer-on-death deeds, so real estate titled solely in your parent’s name must pass through probate.
1. Confirm Ownership and Title Status
Review the recorded deed at the county Register of Deeds. If it lists only your parent’s name with no joint tenancy or survivorship language, they held sole ownership.
2. Search for a Valid Will or Trust
If your parent left a will, it may name an executor and specify how real estate should pass. A living trust may hold the property outside probate. If no will or trust exists, South Carolina’s intestate succession rules apply under SC Code Ann. §62-2-501 to §62-2-502.
3. Open Probate or Request Administration
File a petition in the Probate Court of your parent’s county of residence. If there is a will, the nominated executor seeks Letters Testamentary. Without a will, an heir files for Letters of Administration. Probate proceedings determine rightful heirs and distribute assets under SC Code Ann. §62-2-101.
4. Inventory and Appraise the Property
The personal representative inventories the estate’s assets, including the real estate. In some cases, court approval for appraisal or sale is required.
5. Transfer Title to Heirs or Devisees
Once the probate court approves distribution, the personal representative executes and records a new deed. This deed transfers title from the estate to the heirs or beneficiaries. Record it at the county Register of Deeds with the legal description.
6. Verify Clear Title
Obtain a title search or work with a title company to confirm no liens or clouds on the title. If issues arise, the personal representative may need to address them before final distribution.
Helpful Hints
- Visit the county Register of Deeds to pull the full chain of title.
- Search probate court filings online or at the local courthouse for existing estate records.
- Locate and review any wills, trusts, or beneficiary designations.
- Gather death certificates and proof of heirship documents.
- Consult the Probate Court Clerk for filing procedures and fees.
- Consider a title insurance policy after transfer to protect against unknown title defects.
- Keep all documents—letters, inventories, deeds—in a secure file for future reference.
- If complexities arise (creditor claims, multiple heirs), consider consulting a licensed probate attorney.