FAQ — Selling a Co-Owned Property in South Carolina to Cover Funeral and Property Taxes
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change and every situation is different. Consult a licensed South Carolina attorney to get advice tailored to your situation.
Detailed Answer
This answer explains how co-owned real estate can be sold in South Carolina so the proceeds can cover funeral expenses and overdue property taxes. I use plain language and a short hypothetical to make the steps clear.
1. Identify how the property is owned
The first and most important step is to determine the legal ownership on the deed:
- Joint tenancy with right of survivorship: when one owner dies the surviving owner(s) typically own the whole property automatically and can usually sell without probate.
- Tenants in common: each owner owns a specific share. A co-owner can sell their share, but a buyer gets only that fractional interest. If co-owners cannot agree to sell the whole property, one owner can file a partition action (court-ordered sale or division).
- Property held in the decedent’s sole name: the property is part of the decedent’s estate. The personal representative (executor/administrator) handles estate property and may need probate court authority to sell real estate.
If you do not have the deed, obtain a copy from the county register of deeds.
2. If the property is part of the estate, open probate or use a small-estate process
When the decedent owned the property alone, the estate’s personal representative must administer estate assets and pay valid debts (including funeral expenses) before distributing proceeds. South Carolina’s probate rules and procedures govern who can act for the estate and how property sales are handled. See South Carolina Code, Title 62 (Probate, Estates and Fiduciaries) for governing law: https://www.scstatehouse.gov/code/t62.php
Some small estates may qualify for simplified procedures. Contact the county probate court or see South Carolina Courts for probate self-help information: https://www.sccourts.org/selfhelp/Probate.cfm
3. Funeral expenses, taxes, and creditor priority
Funeral expenses and reasonable costs of administration are treated as claims against the estate. Property taxes are liens on the property and typically must be paid when the property sells. If estate funds are insufficient, creditors (including funeral providers) may need to file claims with the probate court. The rules for claims and priorities are in Title 62: https://www.scstatehouse.gov/code/t62.php
4. Options to obtain funds or sell the property
- Sell by agreement: If all co-owners agree, sell on the open market and use sale proceeds to pay funeral bills and taxes, then split remaining proceeds according to ownership shares.
- Buyout: One co-owner may buy out others’ shares to avoid a full sale.
- Sell a fractional share: A co-owner may sell their own share, but buyers of fractional interests are limited and the sale may not raise enough funds to pay the bills.
- Partition action: If co-owners disagree, a co-owner can file a partition action in the appropriate South Carolina circuit court to force a sale or physical division of the property. See the civil procedure and partition provisions in South Carolina law (Title 15): https://www.scstatehouse.gov/code/t15.php
- Probate sale: If the property belongs to the estate, the personal representative may sell it pursuant to the will or with court approval; proceeds pay estate debts first, including funeral costs and taxes.
5. Practical steps to get a sale done
- Get the deed and confirm ownership type from the county register of deeds.
- Collect the death certificate and any will or estate documents.
- Check for mortgages, liens, and outstanding property taxes with the county tax collector and register of deeds.
- Talk to your co-owners. A written agreement speeds sale and reduces costs.
- If the property must be sold through probate, open the estate and ask the probate court or an attorney about authority to sell real property.
- If co-owners cannot agree, consult an attorney about filing a partition action in circuit court to force a sale.
- Hire a real estate agent and get a title search before closing so you know what liens will be paid from sale proceeds.
- At closing, pay off secured debts (mortgage, tax liens) and file any creditor claims. Use the remaining proceeds to pay funeral expenses and distribute any balance according to ownership or probate directions.
6. Hypothetical example
Maria and James co-own a small house in South Carolina as tenants in common. Their parent dies and leaves unpaid funeral bills and a delinquent property tax bill. Maria and James can:
- Agree to list the house and split net proceeds after paying the mortgage and tax bill; or
- Maria can offer to buy James’s share; or
- If they disagree, either can file a partition action to force sale and have the court order payment of liens from sale proceeds.
Helpful Hints
- Start by confirming ownership on the recorded deed.
- Obtain a copy of the death certificate early — buyers and title companies will need it.
- Call the county tax office to learn exactly how much is owed and whether payment plans are available.
- Ask funeral homes or creditors to file formal claims in probate; informal promises are not always enforceable.
- Consider short-term options (loan from family, credit line, or life insurance proceeds) to pay urgent bills while you sort title or probate matters.
- Get a title search before marketing the property. Tax liens, mortgages, and other encumbrances will affect sale proceeds.
- If you need the court to sell, expect extra time and costs; factor those into decisions about urgency and alternatives.
- Use the South Carolina probate self-help resources to learn court filing basics: https://www.sccourts.org/selfhelp/Probate.cfm
- For statutory guidance on estate administration and creditor claims, see South Carolina Code, Title 62: https://www.scstatehouse.gov/code/t62.php
- To learn more about partition and civil remedies, see South Carolina Code, Title 15: https://www.scstatehouse.gov/code/t15.php
When to talk to an attorney
If ownership is unclear, co-owners disagree, the estate is insolvent, or creditors threaten collection, consult a South Carolina lawyer experienced in probate and real estate. A lawyer can explain whether you should negotiate a sale, open probate, or file a partition action. The South Carolina Bar can help you find an attorney: https://www.scbar.org/public-resources/find-a-lawyer/
Final note: Every case is different. Use the links above to review the relevant South Carolina statutes and court resources, and speak with a licensed attorney before taking legal or financial steps.