Skip to content
Oakclause

Transfer on Death Deed Laws in South Carolina

South Carolina does not have a transfer on death deed law for real estate; a 2025 bill (S. 49) to add one was referred to the Senate Judiciary Committee and has not been enacted.

Last checked . General information, not legal advice.

South Carolina at a glance

TOD deed allowed
No
S. 49 (2025 to 2026) would add Code section 27-1-80 for transfer on death deeds; it was referred to committee.
Uniform act adopted
No
Recording rule
Not applicable (no TOD deed law)

Sources

Last checked

The rules in South Carolina

Does South Carolina allow transfer on death deeds for real estate?

No. TOD deed allowed in South Carolina: no. S. 49 (2025 to 2026) would add Code section 27-1-80 for transfer on death deeds; it was referred to committee.

Has South Carolina adopted the Uniform Real Property Transfer on Death Act?

No. Uniform act adopted in South Carolina: no.

When must a transfer on death deed be recorded in South Carolina?

Recording rule in South Carolina: Not applicable (no TOD deed law).

Where do the South Carolina transfer on death deed laws come from?

The rules above come from S. 49, 126th Session (SC Legislature) and S.C. Code Title 27 Chapter 1 (SC Legislature). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.