Conveying Out-of-State Property: Deed Types and Recording Under South Carolina Law

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

When heirs of a South Carolina decedent need to transfer inherited real property located in Florida, they must use a deed recognized by Florida law and record it in the county where the property sits. Common deed types include:

• Quitclaim Deed: Transfers only the grantor’s interest without warranties. Heirs often use this deed to clear title when the property passes by intestacy or probate.
• Personal Representative’s Deed (Florida): If the estate went through probate in South Carolina, the appointed personal representative may use this deed in Florida. Florida’s probate statute, Fla. Stat. §732.702, governs the form and execution.
• Executor’s or Administrator’s Deed: When a South Carolina court appoints an executor under a will (SC Code Ann. §62-2-510) or an administrator for an intestate estate (SC Code Ann. §62-3-200), the personal representative executes this deed under Florida’s conveyancing rules.

Steps to prepare and record the deed:

1. Obtain the correct deed form approved by the county clerk in Florida.
2. Identify all heirs or the personal representative and ensure each signs before a notary.
3. Include a legal description of the property and the consideration paid.
4. Attach a certified copy of the South Carolina probate order if acting as personal representative.
5. File the signed deed with the county recorder in Florida, along with the transfer tax form and recording fees.
6. Return a conformed copy to the grantors for their records.

Recording requirements vary by state, but South Carolina law mandates recording any deed affecting title to real property in the county where the property lies. Under SC Code Ann. §30-1-20, deeds must be recorded to protect grantees’ interests.

Helpful Hints

• Consult the target state’s clerk of court or recorder’s office website for local deed forms.
• Verify the title through a title search to identify any liens or encumbrances.
• Maintain copies of probate documents and the recorded deed in South Carolina and Florida.
• Report any transfer taxes to the Florida Department of Revenue.
• Consider title insurance to protect against future claims.