How to re-record or update a joint survivorship deed after co-owners died — South Carolina

When one or more co-owners named on a deed die, the surviving owner(s) often need to update public records so the county’s deed index shows current ownership. Below is a practical FAQ-style guide to the usual steps in South Carolina, common problems you may face, and when to seek professional help. This is educational only and not legal advice.

Detailed answer — step-by-step under South Carolina law

1. Confirm how title was held

First, get a certified copy of the recorded deed from the county Register of Deeds where the property is located. Read the deed for the exact ownership language:

• “Joint tenants with right of survivorship,” “JTWROS,” or similar language usually means title passes automatically to the surviving joint tenant(s) when one owner dies.
• “Tenants in common” or no survivorship language generally means each owner’s share passes by will or intestacy (probate), not automatically to the co-owner.

2. Collect the essential documents

Typical documents you will need:

• Certified death certificate(s) for the deceased owner(s) — request from South Carolina DHEC Vital Records: https://scdhec.gov/vital-records
• Certified copy of the current recorded deed from the county Register of Deeds.
• Any will or probate filings, if they exist.

3. If the deed clearly created a right of survivorship

Under this situation, the surviving owner(s) become sole owner(s) by operation of law. They should take steps to clear the public record so title searches and title insurance reflect the current owner.

Common ways to clear title in South Carolina:

1. Prepare an Affidavit of Survivorship or Affidavit of Death of Joint Tenant. The affidavit states the decedent’s death date, the survivorship clause in the deed, and that the affiant is now the surviving owner. Have it notarized and attach a certified death certificate.
2. Record the affidavit and the certified death certificate in the county Register of Deeds office where the property is recorded. Recording gives public notice of the change in ownership.
3. Optionally, prepare and record a new deed (for example, a quitclaim deed from the surviving joint tenant to the surviving joint tenant as sole owner) if the Register of Deeds or a title company prefers a deed instead of an affidavit.

Each county may have slightly different clerical requirements and fee schedules, so call the county Register of Deeds before you go. The South Carolina Code of Laws and county recording rules govern recordation; find South Carolina statutes and the code here for general statutory resources: https://www.scstatehouse.gov/code.php

4. If the deed does not show survivorship (tenants in common or ambiguous language)

When the deed lacks clear survivorship language, the decedent’s share does not automatically pass to co-owners. Usually the decedent’s interest transfers through probate. Typical steps:

1. Open a probate (estate) case in the county probate court where the decedent lived or owned property. The probate process appoints a personal representative (executor/administrator).
2. The personal representative will gather assets, pay debts, and distribute property per the will or intestacy laws. If the property transfers to an heir or devisee, the estate’s personal representative typically signs a deed (often called an executor’s or administrator’s deed) to transfer title.
3. Record the probate deed in the Register of Deeds to update title.

For general information on South Carolina courts and probate procedures, see the South Carolina Judicial Branch: https://www.sccourts.org/

5. When a title company or lender is involved

If the property has title insurance, mortgage, or a lender, contact the title company and the lender early. Title companies often require a specific affidavit, a death certificate, a probate order, or a new deed before issuing a clear owner’s title policy. A lender may require notice or have conditions for release or assumption of a mortgage.

6. Common complications and how they change the steps

• Multiple deceased co-owners. You may need one affidavit per decedent or a probate proceeding if multiple shares must move through estates.
• Disputed survivorship or ambiguous deed language. Disputes may require court action (quiet title, declaratory relief) to resolve who owns the property.
• Creditors or estate claims. If the decedent left debts, a creditor claim may affect whether the property can be transferred without probate administration.
• Out-of-state death or out-of-state deed. Additional steps may be required to record an out-of-state death certificate or to probate in South Carolina.

7. Final administrative items

After recording documents that show the new owner(s), remember to:

• Update the property tax records with your county assessor.
• Notify your homeowner’s insurance company to update the policyholder.
• Ask the Register of Deeds for certified copies of the newly recorded documents for banks, title companies, and other institutions.

Helpful hints

• Get certified death certificates early. County recording offices and title companies will insist on certified copies (not photocopies).
• Call your county Register of Deeds before you draft or bring documents. Many counties post recording checklists and fee schedules online and can tell you whether they accept an affidavit or prefer a deed.
• If the deed clearly contains survivorship language and the surviving owner only wants the public record corrected, an affidavit plus death certificate often suffices — simpler and cheaper than probate.
• If the deed is ambiguous, or if more than one heir or creditor may claim the property, probate is likely required — consult probate court rules or a lawyer.
• Use a title company if you plan to sell soon. A title search and a new owner’s policy will expose hidden liens, errors in the chain of title, or other issues that an affidavit alone might not resolve.
• If you expect to change how the property will be held long-term (for example, adding a spouse, creating a trust, or splitting ownership), consult an attorney about the best deed and timing to avoid unintended tax, creditor, or estate consequences.
• There are filing and transfer fees for recording new documents. Check the Register of Deeds fee schedule for exact amounts.

When to consult a lawyer

Talk to an attorney if any of the following apply:

• The deed’s wording is unclear or disputed.
• Multiple heirs or competing claims exist.
• There are outstanding mortgages, tax liens, or creditor issues.
• You face complex estate planning goals (trusts, tax planning, multiple properties, or out-of-state owners).

Disclaimer: This article explains general steps under South Carolina practice but is not legal advice. For advice about a specific situation, contact a licensed South Carolina attorney or the county Register of Deeds.