Detailed Answer

Short answer: If a current, recorded deed shows the property left your mother’s estate decades ago, the person named on that deed (and any later bona fide purchasers) most likely holds title today. You generally will not have an ownership interest unless you can show the old conveyance was legally defective (for example, forged, done without capacity, or invalid under probate rules), that the property never lawfully left the estate, or that another legal remedy (like quiet title) supports your claim. South Carolina law favors the person with an unbroken, recorded chain of title and limits old challenges by statutes of limitation.

How to think about this under South Carolina law

Start by understanding three separate tracks you must check: (1) the recorded deed and chain of title, (2) the probate file for your mother’s estate, and (3) any statutes or doctrines that can defeat a recorded conveyance (for example, fraud, lack of capacity, or adverse possession).

1. Recorded deed and chain of title

A recorded deed that properly conveys property generally gives the grantee title against later claimants. In practice you should:

Get a certified copy of the deed(s) the survey uncovered.
Pull the chain of title at the county register of deeds to see whether subsequent transfers happened and whether anyone later recorded a conflicting interest.
Confirm whether those deeds were recorded properly, with the correct signatures and notary acknowledgments.

2. Probate records

Compare what the recorded deed shows to what happened in your mother’s probate. If a deed out of her estate was recorded decades ago, determine whether the deed was executed while she was alive, or whether someone purported to sell estate property without court authorization during probate. If the estate closed without listing the parcel, or if the executor sold property without authority, there may be grounds to challenge—but time limits often apply. You can look up South Carolina probate law and procedures here: South Carolina Code — Title 62 (Probate).

3. Legal doctrines that can affect old conveyances

Even an old deed can be set aside if you can prove serious defects. Common bases to challenge a transfer include:

Fraud or forgery — e.g., someone forged your mother’s signature.
Lack of capacity — e.g., your mother lacked mental capacity when she executed the deed.
Undue influence or mistake.
Failure to comply with required probate procedures if sale required court authorization.

Many of these claims must be raised within particular time windows. South Carolina’s civil statutes and case law set limitations on how long you have to contest deeds and claims to real property. For a starting place on real property and recording matters, see: South Carolina Code — Title 30 (Property).

Practical consequences if the conveyance was valid

You will not have an ownership interest in the property.
If the current holder has been in possession and recorded title for many years, it will be difficult to displace them.
Any financial interest you might otherwise have received from the estate (proceeds from a sale or an ownership share) may already have been distributed. You should review estate accounting and final probate orders to see whether the piece was accounted for.

When you might still have options

Even where a deed exists, you may have legal options if you can show:

The deed is forged or signed without your mother’s authority.
The executor or personal representative sold or transferred property without court authority in a way that violated probate law or the executor’s duties.
You can prove a recording error or a mistaken identity in the chain of title.
The current occupant acquired title by adverse possession — but that doctrine can cut both ways, and the required time and elements are strict.

What you should do next — step-by-step

Obtain certified copies of the deed(s) and the full chain of title from the county register of deeds.
Get the probate file and final accounting from the probate court where your mother’s estate was opened. Compare inventory and distributions to the deeds you found.
Order a title search or contact a title company to identify liens, later conveyances, and possible defects.
Talk to a South Carolina real property or probate attorney promptly if you believe the conveyance was improper. Many claims are time-limited.
If you can’t afford a lawyer, contact the South Carolina Bar’s lawyer referral service or local legal aid to discuss options.

Possible legal actions

Quiet title action — to resolve competing claims to title and obtain a judicial ruling.
Action to set aside a fraudulent deed or to rescind a transfer obtained by undue influence.
Probate litigation — if the transfer violated duties of the personal representative or probate court orders.
Equitable remedies — for example, constructive trust or accounting, depending on the facts.

Important: courts often apply statutes of limitation and laches to long-ago transfers. If decades passed since the conveyance, the court may reject stale claims unless you have a strong basis (forgery, fraud, etc.) and timely action.

Helpful Hints

Start by getting copies of the recorded deed and the probate file — those documents often answer the core questions.
Record searches and title reports are relatively inexpensive compared with litigation; get a professional title search early.
Act quickly if you suspect fraud or forgery — delay can destroy your legal remedies.
Don’t rely solely on a survey. Surveys show boundaries and improvements but do not prove legal title. Use recorded documents to determine ownership.
If you discover someone has occupied the property openly for many years, ask an attorney about adverse possession and how it applies in South Carolina.
Keep all probate and property documents organized: deeds, wills, court orders, inventories, and correspondence with the personal representative.
Contact your county register of deeds and probate court clerks for records and procedural guidance; they can help you obtain public documents.

Resources: South Carolina Code — Title 62 (Probate): https://www.scstatehouse.gov/code/t62.php. South Carolina Code — Title 30 (Property): https://www.scstatehouse.gov/code/t30.php.

Disclaimer: This article explains general legal concepts under South Carolina law for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed South Carolina attorney.