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 am the sole surviving joint tenant of the property described below. This Affidavit supplements the certified death certificate filing authorized by S.C. Code § 27-7-40(b); the certificate filing, rather than this Affidavit alone, has the conclusive statutory effect stated there.

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 death certificate is attached for filing under S.C. Code § 27-7-40(b). Section 44-63-84 governs eligibility to obtain a South Carolina death certificate copy.

(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" under the following recorded instrument:

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

☐ Other recorded instrument creating an express survivorship right: _____________________________________________

The exact vesting language in the instrument was:

"_____________________________________________________________________
_____________________________________________________________________"

☐ The deed names the grantees followed by the words "as joint tenants with rights of survivorship, and not as tenants in common," satisfying the conclusive creation route in S.C. Code § 27-7-40(a).

☐ The instrument contains different express survivorship language under S.C. Code § 62-2-804. The Affiant has obtained title review confirming that this language creates a survivorship right: [REVIEW DETAILS].

(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 Sole Surviving Joint Tenant. The Affiant is named in the instrument described in Recital (b), survived the Decedent, and no other joint tenant survives. To the best of the Affiant's knowledge after reviewing the land records and any relevant court orders, the survivorship estate was not severed before the Decedent's death. If the Affiant and Decedent were spouses, no filed divorce decree severed their joint tenancy under S.C. Code § 27-7-40(a)(vii), except as disclosed here: [NONE OR DETAILS].

(e) Vesting of Title in Survivor by Operation of Law. Because the Affiant is the sole survivor under the unsevered survivorship estate, the Decedent's interest in the real property described in Exhibit "A" vested in the Affiant by operation of law under S.C. Code § 27-7-40(a)(i). Under subsection (b), filing the certified death certificate with the county Register of Deeds is conclusive of the death and of vesting in the surviving joint tenant.

(f) Known Liens or Claims. The Affiant identifies any lien or claim arising from the Decedent's death that is known to the Affiant and may affect the property:

☐ 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 (Alternative acknowledgement or proof methods for recordable instruments)
• S.C. Code § 44-63-84 (Persons eligible to obtain South Carolina death certificate copies)

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 the Register of Deeds for _________________ County, South Carolina, file the attached certified death certificate and index that certificate under the Decedent's name in the grantor deed index under S.C. Code § 27-7-40(b). The Affiant requests recording of this supporting Affidavit if accepted under applicable recording requirements; the statutory conclusive effect belongs to the certificate filing.

VERIFICATION AND JURAT

The Affiant, being duly sworn, states that the foregoing facts are true and correct to the best of the Affiant's knowledge and belief.

WITNESS(ES):

[_____________________________________________]
Witness #1 Signature

[_____________________________________________]
Witness #1 Printed Name

[_____________________________________________]
Witness #2 Signature

[_____________________________________________]
Witness #2 Printed Name

AFFIANT:

[_____________________________________________]
Signature of Affiant (Surviving Joint Tenant)

[_____________________________________________]
Printed Name

Date: _____________________________________________

STATE OF SOUTH CAROLINA
COUNTY OF _________________

I, the undersigned Notary Public, certify that _________________________________, the Affiant named above, personally appeared before me, was duly sworn, signed this Affidavit, and acknowledged that the signature is the Affiant's signature and that the Affidavit was executed for the purposes stated in it.

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 death certificate of the Decedent, _________________________________, issued by the vital records authority of the state of death, is attached for filing under S.C. Code § 27-7-40(b). The filing of that certificate has the conclusive effect stated in subsection (b).

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.