Affidavit of Surviving Joint Tenant - South Carolina

AFFIDAVIT OF SURVIVING JOINT TENANT

State of South Carolina

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Number (TMS):
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF SOUTH CAROLINA
COUNTY OF _________________

KNOW ALL MEN BY THESE PRESENTS:

Personally appeared before me the undersigned Affiant, who, being duly sworn, deposes and says:

Affiant Identification and Competency

I, _________________________________ (the "Affiant"), of _________________________________________ [address], am of legal age, competent to make this Affidavit, and have personal knowledge of the facts set forth herein. I make this Affidavit to establish of record the death of the Decedent named below and the vesting of title to the real property described herein in the Affiant as surviving joint tenant pursuant to S.C. Code § 27-7-40.

SWORN RECITALS

(a) Death of Decedent. _________________________________ (the "Decedent") died on the _____ day of _________________, 20_____, at _________________________________ [city, county, state]. A certified copy of the Decedent's certificate of death, issued pursuant to S.C. Code § 44-63-80, is attached hereto and incorporated herein by reference.

(b) Vesting in Joint Tenancy with Rights of Survivorship. During the Decedent's lifetime, the Decedent and the Affiant held title to the real property described in Exhibit "A" as joint tenants with rights of survivorship, and not as tenants in common, the deed of conveyance containing the names of the grantees followed by the words "as joint tenants with rights of survivorship, and not as tenants in common," whereby a joint tenancy with rights of survivorship was conclusively created under S.C. Code § 27-7-40(a). Said title was vested in the Decedent and the Affiant by:

☐ Deed dated _________________, recorded in the Office of the Register of Deeds for _________________ County, South Carolina, in Deed Book _______ at Page _______;

☐ Other instrument: _____________________________________________

The vesting language in said instrument was substantially as follows:

"_____________________________________________________________________
_____________________________________________________________________"

(c) Legal Description and Tax Map Number. The real property affected by this Affidavit is situate, lying, and being in the County of _________________, State of South Carolina, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Tax Map Number (TMS): _____________________________________________

(d) Affiant is the Surviving Joint Tenant. The Affiant is the surviving joint tenant named in the instrument described in Recital (b), and survived the Decedent. The Affiant and the Decedent are the identical persons named as grantees in said instrument. The joint tenancy was not severed during the Decedent's lifetime by conveyance, encumbrance, court order, decree of divorce, or otherwise.

(e) Vesting of Title in Survivor by Operation of Law. By reason of the Decedent's death and pursuant to S.C. Code § 27-7-40(a)(i)–(ii), the entire interest of the Decedent in and to the real property described in Exhibit "A" vested in the Affiant, as the surviving joint tenant, by operation of law, and the Affiant is vested with the entire interest in the real property formerly owned by the joint tenants. Pursuant to S.C. Code § 27-7-40(b), the filing of the Decedent's certified certificate of death with the Register of Deeds is conclusive that the Decedent is deceased and that the interest of the deceased joint tenant has vested by operation of law in the surviving joint tenant. Such survivorship property passes outside the Decedent's probate estate.

(f) Estate Tax and Liens. To the best of the Affiant's knowledge and belief, South Carolina imposes no separate state estate or inheritance tax, and:

☐ No federal estate tax is due, or any such tax due has been or will be paid, and the real property described in Exhibit "A" is not subject to any unsatisfied estate tax lien arising from the Decedent's death.

☐ The following estate tax matters apply: _____________________________________________

There are no unpaid liens, claims, or encumbrances against the real property arising by reason of the Decedent's death that are known to the Affiant, except as follows:

☐ None

☐ As set forth below: _____________________________________________

STATUTORY BASIS

This Affidavit is made and recorded pursuant to and in accordance with:

• S.C. Code § 27-7-40 (Creation of joint tenancy with rights of survivorship; incidents of ownership; filing of a certified death certificate with the Register of Deeds is conclusive that the deceased joint tenant's interest has vested in the survivor)
• S.C. Code § 62-2-804 (Joint tenancy deemed severed at death and distributable as tenancy in common unless the instrument creating the joint tenancy provides otherwise; § 27-7-40 supersedes conflicting provisions)
• S.C. Code § 30-5-30 (Execution and witnessing of recordable instruments)
• S.C. Code § 30-7-10 (Recording in the public records)
• S.C. Code § 44-63-80 (Certified copies of death certificates)

Under S.C. Code § 27-7-40(b), the surviving joint tenant may, following the death of a joint tenant, 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 is the same as for a deed of conveyance; the Register of Deeds indexes the certificate under the deceased joint tenant's name in the grantor deed index; and such filing is conclusive of the death and of the vesting of the deceased joint tenant's interest in the surviving joint tenant or tenants.

REQUEST TO RECORD

The Affiant requests that this Affidavit, together with the attached certified copy of the Decedent's certificate of death, be filed and recorded in the Office of the Register of Deeds for _________________ County, South Carolina, and indexed under the name of the deceased joint tenant in the grantor deed index pursuant to S.C. Code § 27-7-40(b), to establish of record the death of the Decedent and the vesting of title in the Affiant as surviving joint tenant.

VERIFICATION AND JURAT

The Affiant declares under penalty of perjury that the foregoing statements are true and correct to the best of the Affiant's knowledge and belief.

WITNESS(ES):

_____________________________________________
Witness #1 Signature

_____________________________________________
Witness #1 Printed Name

AFFIANT:

_____________________________________________
Signature of Affiant (Surviving Joint Tenant)

_____________________________________________
Printed Name

Date: _____________________________________________

STATE OF SOUTH CAROLINA
COUNTY OF _________________

I, the undersigned Notary Public, do hereby certify that _________________________________, the Affiant named above, personally appeared before me this day and, being first duly sworn, swore to and subscribed the foregoing Affidavit, and acknowledged the due execution thereof.

SWORN TO and subscribed before me this _____ day of _________________, 20_____.

_____________________________________________
Notary Public for South Carolina

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that certain piece, parcel, or lot of land, situate, lying, and being in _________________ County, South Carolina:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Number (TMS): _____________________________________________

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

A certified copy of the certificate of death of the Decedent, _________________________________, issued by the South Carolina Department of Public Health, Division of Vital Records (or the vital records authority of the state of death) pursuant to S.C. Code § 44-63-80, is attached hereto and filed/recorded as part of this Affidavit pursuant to S.C. Code § 27-7-40(b) as conclusive evidence of the Decedent's death.

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed South Carolina attorney before using this form.