Detailed Answer — Key steps and when each applies

Which steps you must take depends on how title to the property was held before your wife died. Common ownership forms and the usual consequences are:

• Tenancy by the entirety (husband and wife): South Carolina generally recognizes survivorship for spouses when title is held as tenancy by the entirety. The surviving spouse usually becomes sole owner automatically. If you are now the sole owner, you can sign a deed transferring the property to your child and record that deed.
• Joint tenancy with right of survivorship: If the deed named both of you as joint tenants with right of survivorship, the surviving joint tenant (you) typically becomes sole owner automatically. You then can execute and record a deed to the child.
• Tenancy in common or sole ownership by the deceased spouse: If the property was solely in your wife’s name, or she owned an undivided interest as a tenant in common, her share does not pass automatically to you. Her interest passes according to her will or, if there is no will, under South Carolina’s intestacy rules and typically requires probate or an estate administration process before title can be conveyed to heirs.

General, step-by-step actions (adapt to your ownership situation):

1. Obtain certified copies of the death certificate.

   Order certified copies from the South Carolina Vital Records office or the county health department. You will need certified death certificates to show the Register of Deeds, the probate court, and title companies that a spouse has died. South Carolina Vital Records: https://scdhec.gov/vital-records

2. Locate the recorded deed and determine how title was held.

   Get a copy of the recorded deed from the county Register of Deeds where the property is located. Look at how the owners are listed (e.g., “husband and wife as tenants by the entirety,” “joint tenants with right of survivorship,” or “A and B, tenants in common”). That control determines whether you can transfer title directly or must proceed through probate.

3. If title passed to you by survivorship, prepare a new deed from you to your child.

   When you’re the sole owner (by survivorship or otherwise), you can convey property by executing a deed (commonly a quitclaim deed or a general warranty deed). The deed must include a proper legal description of the property, the names and capacities of grantor and grantee, and be signed and notarized.

4. If the deceased’s interest must pass through probate, open an estate case.

   If title does not automatically pass, you (or another heir or the named executor) will usually start probate in the local probate court so the personal representative can transfer title. Probate confirms the will (if any) or establishes heirs under intestacy and gives the personal representative authority to convey real property owned by the decedent. For statutory guidance on estates and probate matters, see Title 62 (Estates and Protected Individuals) of the South Carolina Code of Laws: https://www.scstatehouse.gov/code.php (search Title 62).

5. Have the deed prepared and executed properly.

   The deed must be correctly drafted. It should include:

   • Full legal description of the parcel (from the existing recorded deed).
   • The exact grantor and grantee names and capacities (for example: “John Smith, surviving spouse”).
   • Language that transfers ownership (consider a quitclaim if you want a quick transfer, or a warranty deed if the grantee needs title protection).
   • Signatures of the grantor(s) in front of a notary public and any required witnesses per local practice.
6. Record the deed at the county Register of Deeds.

   Take the original signed and notarized deed to the county Register of Deeds where the property is located. Pay the recording fee; the clerk will file the deed and return a recorded copy to you. Recording puts the world on notice of the new ownership.

7. Address mortgages, liens, taxes, and title insurance issues.

   A deed transfers title but does not automatically clear mortgages or liens. If there is a mortgage on the property, the lender’s consent or payoff will likely be required. Check real estate taxes and any outstanding liens before or at the time of transfer. If you want extra assurance, obtain a title search or title insurance.

8. Consider filing or recording supporting documents when appropriate.

   Some counties accept a certified death certificate plus an affidavit of survivorship or similar affidavit to support recording. If the property passed by survivorship, check with the local Register of Deeds for the county’s preferred evidence to record the new deed without probate.

When probate is usually required

Probate (formal estate administration) is commonly required when:

• The deceased was the sole owner of the real estate (title does not have survivorship language).
• The will names a personal representative who must sign deeds on behalf of the estate.
• There are competing claims to the property or complex creditor issues.

Small estate shortcuts often apply only to personal property, not to real estate. If the estate includes real property, expect to use probate administration or have a personal representative deed the property as part of estate settlement.

Common documents you will likely need

• Certified copy of death certificate
• Copy of the recorded deed that shows current ownership and the legal description
• New deed prepared for the transfer (signed and notarized)
• If applicable: letters testamentary or letters of administration from probate court, or an affidavit of survivorship

Where to get authoritative help

Useful official resources:

• South Carolina Code — consult Title 62 for estates and probate-related statutes: https://www.scstatehouse.gov/code.php (use the title selector to view “Title 62”).
• South Carolina Vital Records (to order certified death certificates): https://scdhec.gov/vital-records
• Your county Register of Deeds office (for deed copies, recording fees, and local recording requirements). County offices vary — contact the Register of Deeds in the county where the property is located.

Helpful Hints

• Start by pulling the recorded deed at the county Register of Deeds. Determining how title is held answers many questions.
• Obtain several certified death certificates — you will need them for banks, the Register of Deeds, and probate.
• If you are the surviving spouse and title passed to you by survivorship, you can usually transfer the property by signing and recording a new deed to your child; still, consider a title search to confirm there are no other claims.
• If the deceased owned the property outright, expect to open probate or use the estate’s personal representative to sign a deed to heirs. Don’t try to record a deed from yourself if you were not the owner at the time of death.
• Mortgages, liens, or unpaid taxes can prevent a clean transfer — check these before you record anything.
• If you’re unsure which deed form to use (quitclaim vs. warranty), consult a real estate attorney — a warranty deed gives the grantee more protection but requires assurances you might not be able to give if title is unclear.
• Recording requirements and fee schedules vary by county. Call the local Register of Deeds to confirm their checklist and fees before you go in.
• Consider getting legal advice early if the estate is complex, there’s no will, there are multiple heirs, or creditors might be involved.