Union County Affidavit of Deceased Joint Tenant Form (South Carolina)
All Union County specific forms and documents listed below are included in your immediate download package:
Affidavit of Deceased Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Union County compliant document last validated/updated 7/19/2024
Affidavit of Deceased Joint Tenant Guide
Line by line guide explaining every blank on the form.
Included Union County compliant document last validated/updated 6/12/2024
Completed Example of the Affidavit of Deceased Joint Tenant Document
Example of a properly completed form for reference.
Included Union County compliant document last validated/updated 5/22/2024
The following South Carolina and Union County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Deceased Joint Tenant forms, the subject real estate must be physically located in Union County. The executed documents should then be recorded in the following office:
Union County Clerk of Court
Courthouse - 210 W Main St / PO Box 703, Union, South Carolina 29379
Hours: 8:30 to 4:30 M-F
Phone: (864) 429-1630 / Ext. 3621 or Ext. 3620
Local jurisdictions located in Union County include:
- Buffalo
- Carlisle
- Jonesville
- Lockhart
- Union
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Union County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Union County using our eRecording service.
Are these forms guaranteed to be recordable in Union County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Union County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Deceased Joint Tenant forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Union County that you need to transfer you would only need to order our forms once for all of your properties in Union County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Carolina or Union County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Union County Affidavit of Deceased Joint Tenant forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Joint tenancy in South Carolina is governed by S.C. Code Ann. 27-7-40.
When two or more people share ownership of real property, they have choice of ways in which to hold title -- either as tenants in common or as joint tenants with the right of survivorship.
Tenancy in common is the standard form of co-ownership. In it, each person owns a percentage of the land, and when the owner dies, that portion passes to his/her estate where it is distributed during the probate process.
Joint tenancy, on the other hand, must be declared in the text of the deed: "whenever any deed of conveyance of real estate contains the names of the grantees followed by the words 'as joint tenants with rights of survivorship, and not as tenants in common' the creation of a joint tenancy with rights of survivorship in the real estate is conclusively deemed to have been created" ( 27-7-40(a)).
The statutes go on to explain that in the "event of the death of a joint tenant, and in the event only one other joint tenant in the joint tenancy survives, the entire interest of the deceased joint tenant in the real estate vests in the surviving joint tenant, who is vested with the entire interest in the real estate owned by the joint tenants" ( 27-7-40(a)(i)).
If one or more joint tenant survives the deceased owner, "the entire interest of the deceased joint tenant vests equally in the surviving joint tenants who continues to own the entire interest owned by them as joint tenants with right of survivorship" ( 27-7-40(a)(ii)).
So, how does the survivorship process work? The statutes direct the surviving joint tenant or tenants to file with the Register of Deeds of the county in which the real estate is located a certified copy of the certificate of death of the deceased joint tenant. The fee to be paid to the Register of Deeds for this filing is the same as the fee for the deed of conveyance. The Register of Deeds must index the certificate of death under the name of the deceased joint tenant in the grantor deed index of that office. The filing of the certificate of death is conclusive that the joint tenant is deceased and that the interest of the deceased joint tenant has vested by operation of law in the surviving joint tenant or tenants in the joint tenancy in real estate" ( 27-7-40(b)).
While there is no specific statutory obligation to submit the certified copy of the death certificate with an affidavit attesting to the details of the change in ownership status, it makes sense to do so. An affidavit contains statements, made under oath, which can be admitted as evidence in court. By recording an affidavit of deceased joint tenant along with the death certificate, the surviving owner(s) protect the title to the real estate. Maintaining a clear chain of title leads to less complicated sales in the future because the title search will show a continuous series of owners and transfers, which reduces the likelihood of unexpected claims against the title.
Even though recording the affidavit of deceased joint tenant and the official copy of the death certificate initiates the process of distributing the decedent's share of the real property, the only way to remove his/her name from the title is to record a new deed with the updated information.
(South Carolina AODJT Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Union County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Union County Affidavit of Deceased Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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October 1st, 2021
This is the first time that I have used this service. An employee at the Clerk and Register office in Arizona suggested that I try Deeds.com to find the form I needed and the county office could not provide. I am a licensed Realtor in Colorado with a 43-year career and this service has not been necessary in my own state but it was extremely helpful in finding a form in Arizona. Five star rating for the very user-friendly website!
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Don R.
January 26th, 2022
From Pennsylvania here. Documents are great and easy to fill out however you are lacking a couple of things. You only provide the option for a Grant Deed when you purchase by your county which is Mercer County for me. Why not give the ability to get a Warranty Deed that better protects the Grantee?
Also, being from Pennsylvania and in a county that mined Buituminous Coal we are required to include the Coal Severance Notice and Bituminous Mine Subsidence and Land Conservation Act Notice. You can check the box on your Deed form that they are required and attached but you do not provide the verbiage or form for this. You state that you know what each county requires and include everything required but you do not include these two required Notices. This has been a requirement for years and the wording never changes. I had to look for these Notices and hand type this information and include it on another seperate page after the Notary section on the Deed. The Grantor has to sign the Coal Severance Notice and be witnessed by a Notary so I had to add another place for the Notary and will have to pay twice for witnessed signatures when it could have been included in your document. My Deed from 2003 was done that way and then the Notary statement after that so it was only one notarized witness of signature.
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Doreen P.
December 13th, 2018
I have uploaded 2 documents for E recording, I have searched thinking it would prompt me to a business customer service contact info tel no. ? I am concerned as to the fees related to the recording of both instruments? please advise? thank you
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February 13th, 2023
recently joined Deeds.com. still exploring the site. has been very helpful in providing local information for recording, such as fees and requirements. i am working to correct mistakes made within a deed. it is amazing how these municipalities operate outside the scope of Article 1, Section 8, Clause 17; to claim land is "in" the "State of ____. when the land is actually not ceded to the United States of America as for use for needful buildings. beware of the fraud perpetrated by Attorneys in the recording of your Deeds. Registration as "RESIDENTIAL" puts your private-use land on the TAX rolls with the use of that one word. i recommend this site as it appears there is information for each state and each county office. will update my review once i place an order.
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February 11th, 2022
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August 10th, 2020
I was very impressed with the Mineral Deed form, especially with the instructions to fill it out AND a copy of a completed for to compare against. This definitely saved me money for an attorney.
The one thing I don't understand, though, is why I could not save the completed Deed to my hard drive. I did have to change a few things after the fact and I had to re-type the entire page to make the corrections.
If not for this, I would definitely rate the forms and instructions as a 5 star.
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February 6th, 2020
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September 22nd, 2020
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