South Carolina: Deed Execution and Recording Formalities
The short answer
South Carolina is a two-witness state: a deed must be signed by the owner (traditionally under seal) in the presence of two credible witnesses to carry a fee simple, and to record it you also need either a subscribing-witness 'probate' affidavit or a notary acknowledgment before the county Register of Deeds. No spouse's signature is required — dower and curtesy were abolished in 1985. Recording does not make the deed valid between the parties, but South Carolina protects a later purchaser or creditor for value who records without notice, so record promptly.
Ask Ezel about your situation
This is the general rule in South Carolina. Ezel applies current South Carolina law to your specific facts and answers with citations to the statutes.
| Governing law and deed scope | South Carolina conveyancing runs on the common law plus two statutory pillars: Title 27, Chapter 7 (Form and Execution of Conveyances, §§ 27-7-10 to -40) and Title 30 — Chapter 5 (Recording Generally) and Chapter 7 (Recordation Essential to Validity, § 30-7-10). A common-law title state, not community property; 'tenancy by curtesy, dower, and jointure are abolished' (§ 21-5-10). Deeds are recorded with the county Register of Deeds (or the Clerk of Court in counties where that office was abolished). Scope here is an ordinary warranty, quitclaim, or other deed by an individual owner conveying a present fee simple; mortgages and deeds of trust, and fiduciary, judicial, or tax deeds, run on separate rules |
|---|---|
| Writing and grantor signature | Signed writing, traditionally under seal, delivered. A conveyance in the statutory form 'shall ... be valid and effectual to carry ... the fee simple of any land or real estate if it shall be executed in the presence of and be subscribed by two or more credible witnesses' (§ 27-7-10). The form ends 'Witness my hand and seal ... [L.S.]' — South Carolina keeps the old sealed-instrument tradition, but § 27-7-30 saves a deed if the attestation shows 'it was the intention ... that such instrument should be a sealed instrument,' even with 'no seal ... actually attached.' Words of warranty are optional (§ 27-7-20). The whole execution package is the grantor's signature, two witnesses, and delivery |
| Witnesses | Two credible witnesses — and in South Carolina this goes to VALIDITY, not merely recording. A conveyance is valid to carry a fee simple only 'if it shall be executed in the presence of and be subscribed by two or more credible witnesses' (§ 27-7-10), and to record, the grantor's signing must be witnessed by two witnesses under either the probate or the acknowledgment route (§ 30-5-30). One of the two witnesses may also serve as the notary. If a subscribing witness later cannot give the required affidavit 'by reason of the death, insanity or absence from the State,' the deed may still be recorded on other proof of the signatures (§ 30-5-70) |
| Acknowledgment or notarization | Required to record, by one of two routes. 'Before any deed or other instrument in writing can be recorded ..., it must be acknowledged or proved' (§ 30-5-30): (A)(1) PROBATE — the execution is 'first proved by the affidavit of a subscribing witness' before an officer; or (B) ACKNOWLEDGMENT — the grantor's signing is 'acknowledged by the grantor ... in the presence of two witnesses' before an officer. Under the probate route the notary need not watch the grantor sign; the witnesses swear they did. Notarization/probate is a recording prerequisite; a properly signed, sealed, two-witnessed deed already conveys between the parties. A deed signed out of state may follow the Uniform Recognition of Acknowledgments Act (§ 30-5-30(A)(2)) |
| Spouse, homestead, and marital joinder | No spousal joinder. 'Tenancy by curtesy, dower, and jointure are abolished in this State' (§ 21-5-10, 1985), so a nonowner spouse holds no dower or curtesy interest that a deed must release. South Carolina is not a community-property state. Its homestead protection (S.C. Code § 15-41-30) is an exemption from attachment that is subordinate to a deed or mortgage the titled owner signs, not a co-signature rule — so a married owner conveys solely owned property alone. The statutory deed form (§ 27-7-10) calls for only the grantor's signature plus two witnesses; no spouse is a required party |
| Signing through an agent or representative | An attorney-in-fact may sign, but South Carolina's power of attorney is executed as strictly as a deed. Under the Uniform Power of Attorney Act, a power of attorney must be '(1) signed by the principal ...; (2) attested with the same formality and with the same requirements as to witnesses as a will ...; and (3) acknowledged or proved pursuant to Section 30-5-30' (§ 62-8-105) — so signature, two witnesses, and acknowledgment/probate. And 'after the principal's incapacity, an agent may exercise the authority ... only if the power of attorney has been recorded in the same manner as a deed in the county where the principal resides' (§ 62-8-109(c)). Entity, trustee, and personal-representative execution run on their own rules |
| Recording office and statewide content | Record with the Register of Deeds (or Clerk of Court where that office is abolished) of the county where the land lies; the register records instruments 'in the order of the times at which they may be brought to his office,' within thirty days of lodgment (§ 30-5-90). Statewide content items (§ 30-5-35): a derivation clause in the property description and the grantee's mailing address 'inscribed on the deed' — but 'a derivation clause is not required on a quitclaim or non-warranty deed of real property.' The former county-auditor endorsement (old § 30-5-80) is repealed. A deed recording fee ($1.85 per $500 of value, S.C. Code § 12-24-10) and an affidavit of value (§ 12-24-70) are separate steps |
| Nonrecording effect and defect cures | Race-notice priority. Deeds 'are valid so as to affect the rights of subsequent creditors ... or purchasers for valuable consideration without notice, only from the day and hour when they are recorded in the office of the register of deeds or clerk of court' (§ 30-7-10). So an unrecorded deed still binds the grantor and grantee, but it loses to a later purchaser or creditor who gives value, takes without notice, and records — record promptly. Statutory helps: a deed may be recorded on substitute proof when a subscribing witness is dead, insane, or absent (§ 30-5-70), and an out-of-state acknowledgment under the Uniform Recognition of Acknowledgments Act is accepted (§ 30-5-30(A)(2)). None cure fraud, forgery, incapacity, or a grantor who did not own the land |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law and scope
South Carolina keeps three questions apart: whether a deed is good between the buyer and
seller, whether it can go into the public records, and whether it beats a competing
claimant. Execution rules live in Title 27, Chapter 7 (the statutory conveyance form,
S.C. Code § 27-7-10). Recording mechanics live in Title 30, Chapter 5 (§ 30-5-30 and
following), and priority against third parties in Title 30, Chapter 7 (§ 30-7-10). This
page covers an ordinary present-fee transfer by an individual owner using a warranty,
quitclaim, or similar deed. South Carolina is a common-law (title) state, not a
community-property state, and it has abolished the old marital estates of curtesy, dower,
and jointure (§ 21-5-10). Deeds are recorded with the county Register of Deeds — or the
Clerk of Court in counties where the Register's office has been abolished. Mortgages,
deeds of trust, and fiduciary, judicial, or tax deeds have their own rules.
Writing and grantor signature
A South Carolina deed is a signed writing, traditionally under seal, that is witnessed and
delivered. The statutory conveyance "shall ... be valid and effectual to carry ... the fee
simple of any land or real estate if it shall be executed in the presence of and be
subscribed by two or more credible witnesses" (§ 27-7-10). The form ends "Witness my hand
and seal ... [L.S.]," a holdover from the sealed-instrument era. You do not actually have
to affix a wax or embossed seal: under § 27-7-30, if the attestation clause or the rest of
the instrument shows "it was the intention ... that such instrument should be a sealed
instrument," it "shall be construed to be ... a sealed instrument, although no seal be
actually attached." Words of warranty are optional (§ 27-7-20). So the core execution
package is the grantor's signature, two witnesses, the (intended) seal, and delivery.
Witnesses
Two credible witnesses — and in South Carolina, unusually, that requirement goes to the
deed's validity, not just its recordability. Section 27-7-10 makes a conveyance "valid and
effectual to carry ... the fee simple" only "if it shall be executed in the presence of and
be subscribed by two or more credible witnesses." The recording statute then requires the
same two witnesses under either recording route (§ 30-5-30). One of the two witnesses may
also be the notary who takes the acknowledgment or probate. If a subscribing witness later
cannot give the sworn affidavit the recording statute needs "by reason of the death,
insanity or absence from the State," the deed can still be recorded on other proof of the
signatures (§ 30-5-70).
Acknowledgment or notarization
To record, a South Carolina deed must be "acknowledged or proved," and the statute gives two
distinct routes (§ 30-5-30). The probate route (subsection (A)(1)) works by having the
execution "first proved by the affidavit of a subscribing witness" before an authorized
officer — here the notary does not have to watch the grantor sign; the witness swears the
grantor did. The acknowledgment route (subsection (B)) has the grantor's signing
"acknowledged by the grantor ... in the presence of two witnesses" before an officer. Either
way, the notarization/probate is a recording prerequisite, not the thing that makes the deed
good between the parties — a signed, sealed, two-witnessed deed already conveys. A deed signed
outside South Carolina can follow the Uniform Recognition of Acknowledgments Act instead
(§ 30-5-30(A)(2)).
Spouse, homestead, and marital joinder
No spouse's signature is required to convey South Carolina real property. The old marital
land interests are gone: "tenancy by curtesy, dower, and jointure are abolished in this
State" (§ 21-5-10, effective 1985), so a nonowner spouse has no dower or curtesy claim that a
deed must release. South Carolina is not a community-property state. Its homestead protection
is an exemption from attachment (S.C. Code § 15-41-30) that is subordinate to a deed or
mortgage the titled owner signs — it does not require the non-titled spouse to join. The
statutory deed form (§ 27-7-10) lists only the grantor's signature and two witnesses; no
spouse is a required party. (A deed drafted as part of a divorce settlement is a separate
matter, driven by the family-court order rather than by any marital-property statute.)
Signing through an agent or representative
An attorney-in-fact can sign a deed, but note that South Carolina executes the power of
attorney itself as strictly as a deed. Under the Uniform Power of Attorney Act, a power of
attorney must be "(1) signed by the principal ...; (2) attested with the same formality and
with the same requirements as to witnesses as a will in South Carolina; and (3) acknowledged
or proved pursuant to Section 30-5-30" (§ 62-8-105) — that means the principal's signature,
two witnesses meeting will formalities, and an acknowledgment or probate. There is also a
recording trap: "after the principal's incapacity, an agent may exercise the authority ...
only if the power of attorney has been recorded in the same manner as a deed in the county
where the principal resides" (§ 62-8-109(c)). So a durable POA used to convey after the
principal loses capacity must be recorded in the land records first. Entity, trustee, and
personal-representative execution follow their own separate rules.
Recording office and statewide content
Record the deed with the Register of Deeds (or the Clerk of Court in counties where that
office was abolished) of the county where the land sits. The register records instruments "in
the order of the times at which they may be brought to his office" and must record within
thirty days of lodgment (§ 30-5-90). Two statewide content items apply (§ 30-5-35): the deed
must carry a derivation clause in the property description and have "inscribed on the deed ...
the mailing address of the grantee" — except that "a derivation clause is not required on a
quitclaim or non-warranty deed of real property." The old requirement that the county auditor
endorse the deed before recording (former § 30-5-80) has been repealed, so older guides that
list it are out of date. A deed recording fee ($1.85 per $500 of value, S.C. Code § 12-24-10)
and an affidavit of value (§ 12-24-70) are separate steps — confirm current fee amounts and
any county formatting rules with the Register of Deeds.
Nonrecording effect and defect cures
South Carolina protects a later good-faith purchaser or creditor who records. Under § 30-7-10,
deeds "are valid so as to affect the rights of subsequent creditors ... or purchasers for
valuable consideration without notice, only from the day and hour when they are recorded." Two
consequences follow. First, an unrecorded deed still binds the grantor and grantee — it passes
title between them. Second, it can be defeated by a later purchaser or creditor who gives value,
takes without notice of the earlier deed, and records; that is why recording promptly matters.
The Code offers a couple of practical fixes: a deed can be recorded on substitute proof when a
subscribing witness is dead, insane, or absent (§ 30-5-70), and an out-of-state acknowledgment
under the Uniform Recognition of Acknowledgments Act is accepted (§ 30-5-30(A)(2)). None of
these cure a substantive defect — fraud, forgery, incapacity, or a grantor who did not own the
land.
What trips people up
- Skipping the second witness. South Carolina genuinely needs two witnesses, and it is a
validity rule under § 27-7-10, not just a recording formality. A deed witnessed by only one
person is defective on its face. - Assuming the notary alone is enough. The notary/acknowledgment is one of two recording
routes (§ 30-5-30), but it does not replace the two witnesses. Under the probate route, the
notary need not even see the grantor sign — the witnesses swear to the signing. - Believing a spouse must sign. Dower and curtesy were abolished in 1985 (§ 21-5-10). A
married owner conveys solely owned property alone. (The template panel's caution about
"inchoate dower" reflects a rule that no longer exists.) - Looking for the auditor's endorsement. Older checklists list a county-auditor endorsement
as a recording step. That requirement (former § 30-5-80) has been repealed; do not treat it as
a current prerequisite.
Common questions
Does an unrecorded South Carolina deed still transfer the property?
Yes, between you and the person you deeded it to. Section 30-7-10 makes an unrecorded deed
ineffective only against a later purchaser or creditor for value who takes without notice and
records. Between the original parties, the deed passes title.
Do I really need two witnesses on a South Carolina deed?
Yes. Section 27-7-10 makes a conveyance valid to carry a fee simple only if it is signed in the
presence of and subscribed by two or more credible witnesses, and the recording statute
(§ 30-5-30) requires the same two. One of them may also be the notary.
Does my spouse have to sign the deed?
No. South Carolina abolished dower, curtesy, and jointure in 1985 (§ 21-5-10), and it is not a
community-property state, so a nonowner spouse has no interest a deed must release. A divorce
settlement is a separate situation governed by the family-court order.
Can someone sign the deed for me under a power of attorney?
Yes, but the power of attorney must be executed like a deed — signed, witnessed with will
formalities, and acknowledged or proved (§ 62-8-105) — and if you want an agent to act after you
lose capacity, the POA must be recorded in the land records of your county first (§ 62-8-109(c)).
Statutes and sources
- S.C. Code § 27-7-10 — statutory fee-simple conveyance form; valid to carry the fee only if executed before and subscribed by two credible witnesses.
https://www.scstatehouse.gov/code/t27c007.php (accessed 2026-07-16) - S.C. Code § 27-7-20 — a warranty clause is not required in a conveyance.
https://www.scstatehouse.gov/code/t27c007.php (accessed 2026-07-16) - S.C. Code § 27-7-30 — an intended-but-omitted seal still makes the deed a sealed instrument.
https://www.scstatehouse.gov/code/t27c007.php (accessed 2026-07-16) - S.C. Code § 30-5-30 — prerequisites to recording: probate (subscribing-witness affidavit) or acknowledgment before two witnesses.
https://www.scstatehouse.gov/code/t30c005.php (accessed 2026-07-16) - S.C. Code § 30-5-35 — deed must carry a derivation clause and the grantee's mailing address; derivation clause not required on a quitclaim/non-warranty deed.
https://www.scstatehouse.gov/code/t30c005.php (accessed 2026-07-16) - S.C. Code § 30-5-70 — recording on substitute proof when a subscribing witness is dead, insane, or absent from the State.
https://www.scstatehouse.gov/code/t30c005.php (accessed 2026-07-16) - S.C. Code § 30-5-90 — Register of Deeds records instruments in the order lodged, within thirty days.
https://www.scstatehouse.gov/code/t30c005.php (accessed 2026-07-16) - S.C. Code § 30-7-10 — recordation essential to validity against subsequent purchasers/creditors for value without notice; priority from the day and hour recorded.
https://www.scstatehouse.gov/code/t30c007.php (accessed 2026-07-16) - S.C. Code § 21-5-10 — tenancy by curtesy, dower, and jointure are abolished (1985 Act No. 120).
https://www.scstatehouse.gov/sess106_1985-1986/bills/199.htm (accessed 2026-07-16) - S.C. Code § 62-8-105 — a power of attorney must be signed, witnessed with will formalities, and acknowledged or proved under § 30-5-30.
https://www.scstatehouse.gov/code/t62c008.php (accessed 2026-07-16) - S.C. Code § 62-8-109(c) — after the principal's incapacity, the agent may act only if the POA has been recorded like a deed in the principal's county.
https://www.scstatehouse.gov/code/t62c008.php (accessed 2026-07-16)
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how South Carolina handles this in general. Ezel applies current South Carolina law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.