South Carolina property deeds
Deed rules are state law, and South Carolina's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- Register of Deeds (or Clerk of Court)
- Witnesses
- 2 + notary
- Transfer tax
- $1.85 per $500 of value
- First-page margin
- 3″ top
- Recording fee
- ~$15 first page
- E-recording
- Generally available
Deeds South Carolina recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | No |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
South Carolina does not recognize transfer-on-death deeds and lady bird deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in South Carolina
South Carolina is one of only 4 states that still require witnesses. South Carolina requires two witnesses to the grantor's signature in addition to the notarial acknowledgment (S.C. Code Ann. § 30-5-30). The notary may serve as one witness, but a second is still required.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | 2 in addition to the notary |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
South Carolina document formatting rules
Registers of deeds in South Carolina expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
South Carolina transfer tax and recording fees
South Carolina charges Deed recording fee at $1.85 per $500 of value ($1.30 state + $0.55 county). Customarily paid by the grantor.
Common exemptions: transfers between spouses, gifts with no consideration, transfers to or from a revocable trust, and transfers between family members where no consideration passes.
A form has to travel with the deed
South Carolina requires Affidavit for Taxable or Exempt Transfers with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $15 for the first page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
How to hold title in South Carolina
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
Where to record a deed in South Carolina
Deeds are recorded with the Register of Deeds (or Clerk of Court) in the county where the property is located. South Carolina has 46 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Greenville · Richland · Charleston · Horry · Spartanburg · Lexington · York · Berkeley. all South Carolina recording offices
Why deeds get rejected in South Carolina
- South Carolina requires TWO witnesses to the grantor's signature in addition to the notary. This trips up most out-of-state DIY forms.
- An affidavit stating the value, or the exemption, must be attached to every deed.
- South Carolina abolished tenancy by the entirety.
- South Carolina does not recognize transfer-on-death deeds.
From $39. Every South Carolina rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized in front of 2 witnesses, and record it with the Register of Deeds (or Clerk of Court) in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a living trust for probate avoidance.
No. South Carolina does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $15 for the first page. South Carolina also charges deed recording fee at $1.85 per $500 of value ($1.30 state + $0.55 county).
No. South Carolina is not among the 32 states plus DC that authorise a transfer-on-death deed. The usual alternatives here are a revocable living trust or survivorship titling.
Keep reading
- South Carolina quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- South Carolina general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- South Carolina special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- South Carolina life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- South Carolina recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.