Deed Transferring Real Property into Living Trust

This instrument prepared by:
[____________________________________]
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]
[____________________________________]

Send subsequent tax notices to:
[____________________________________]
[____________________________________]

Tax Map Number (TMS) / Parcel No.: [____________]

County: [____________] County, South Carolina

SPACE ABOVE THIS LINE RESERVED FOR THE REGISTER OF DEEDS

TITLE TO REAL ESTATE (DEED) — TRANSFER TO REVOCABLE LIVING TRUST

State of South Carolina

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / husband and wife], of [____________] County, South Carolina, whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it (the "Trustee"), whose mailing address is [____________________________________] ("Grantee").

The Property is conveyed to the Trustee to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). Title vests in the Trustee in trust, and in any successor trustee, without the necessity of any further conveyance, in accordance with the powers granted to the Trustee under the Trust and under the South Carolina Trust Code, S.C. Code § 62-7-101 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. No consideration is paid for this transfer other than the Grantor's continuing beneficiary interest in the Trust — the Grantor being the settlor and a beneficiary of the Trust during the Grantor's lifetime. The nominal consideration recited is One and No/100 Dollars ($1.00) and the Grantor's beneficiary interest in the Trust.

4. GRANTING CLAUSE

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for the consideration stated above, the receipt and sufficiency of which are acknowledged, does hereby GRANT, BARGAIN, SELL, and RELEASE unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, and interest in and to the following described real property (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, SOUTH CAROLINA, ZIP]

County: [____________] County, South Carolina

TMS / Parcel No.: [____________]

Derivation / title reference: This being the same property conveyed to the Grantor by deed dated [__/__/____] and recorded in the Office of the Register of Deeds for [____________] County in Deed Book [____] at Page [____].

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD all and singular the Property, together with all and singular the rights, members, hereditaments, and appurtenances belonging or in any way incident or appertaining, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns, forever.

And the Grantor does hereby bind the Grantor and the Grantor's heirs and successors to warrant and forever defend all and singular the Property unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns, against the Grantor and every person lawfully claiming, or to claim, the same or any part thereof by, through, or under the Grantor (limited/special warranty).

5. SUBJECT TO

This conveyance is made subject to:

(a) Ad valorem real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any mortgage or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD AND ASSESSMENT-RATIO CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so the Property may pass on the Grantor's death under the terms of the Trust without probate administration. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Legal-residence (4%) assessment ratio; homestead exemption. The parties intend that the Property's special 4% legal-residence assessment ratio (S.C. Code § 12-43-220(c)) and any homestead exemption (S.C. Code § 12-37-250) continue uninterrupted following this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm with the County Assessor and County Auditor that the legal-residence ratio and any exemptions are preserved after re-titling, and re-file the legal-residence application if required.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. DEED-RECORDING-FEE EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 South Carolina Deed Recording Fee (S.C. Code § 12-24-10 et seq.). South Carolina imposes a deed recording fee of $1.85 for each $500 (or fractional part) of the realty's value, payable to the Register of Deeds. For realty transferred to a trust, "value" means the realty's fair market value (S.C. Code § 12-24-30), reduced by any lien or encumbrance remaining on the realty after the transfer.

EXEMPTION — S.C. Code § 12-24-40(8). A deed transferring realty to a trust "as a … trust beneficiary of the entity or so as to become a … trust beneficiary of the entity" is exempt from the deed recording fee "as long as no consideration is paid for the transfer other than … beneficiary interest in the trust, or the increase in value in the … interest held by the grantor." This conveyance into the Grantor's own revocable living trust, for the Grantor's beneficiary interest and no other consideration, qualifies for this exemption. (If the deed instead merely confirms title already vested in the grantee by quitclaim with no consideration, the § 12-24-40(12) corrective/confirmatory exemption may apply; if the fair-market value is $100 or less, § 12-24-40(1) applies.)

Affidavit and notation. Under S.C. Code § 12-24-70, an Affidavit must be filed with the deed; for an exempt deed the value need not be stated, but the affidavit must state the reason the deed is exempt (cite § 12-24-40(8)). Under S.C. Code § 12-24-60, the Register of Deeds places the word "exempt" in the recording notation. (See Affidavit form in Section 10.)

7.2 No due-on-sale acceleration (Garn-St Germain Act). The Property may be encumbered by a mortgage. Under the federal Garn-St Germain Depository Institutions Act, 12 U.S.C. § 1701j-3(d)(8), a lender may not exercise a due-on-sale clause upon "a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property." This conveyance into the Grantor's own revocable living trust is such a transfer and does not accelerate or trigger any due-on-sale clause. The Grantor remains personally liable on any existing note.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this deed on [__/__/____], in the presence of the witnesses subscribing below.

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

WITNESSES:

____________________________________
Witness 1

____________________________________
Witness 2

9. ACKNOWLEDGMENT / PROBATE (South Carolina — S.C. Code § 30-5-30)

PERSONALLY appeared before me the undersigned witness and made oath that (s)he saw the within-named [GRANTOR FULL LEGAL NAME] sign, seal, and as the Grantor's act and deed deliver the within deed, and that (s)he, with the other witness subscribed above, witnessed the execution thereof.

____________________________________
Witness / Affiant

SWORN to before me this ____ day of ______________, 20____.

____________________________________
Notary Public for South Carolina
My commission expires: ______________

(Affix notarial seal)

10. AFFIDAVIT OF EXEMPTION (S.C. Code § 12-24-70)

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

1. I have read the information on this Affidavit and I understand such information.
2. The property being transferred is located at [____________________________________], TMS/Parcel No. [____________], in [____________] County, South Carolina, was transferred by [GRANTOR FULL LEGAL NAME] to [GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], on [__/__/____].
3. Check one: ☐ The deed is exempt from the deed recording fee because (see S.C. Code § 12-24-40): the realty is transferred to a trust for the Grantor's beneficiary interest in the trust and no other consideration is paid — § 12-24-40(8). [Or state the alternative exemption claimed: ☐ § 12-24-40(1) (value $100 or less); ☐ § 12-24-40(12) (corrective/confirmatory quitclaim, no consideration).]
4. As required by S.C. Code § 12-24-70, for a deed exempt from the fee the value need not be stated; the reason for the exemption is stated in item 3.
5. I understand that a person who furnishes a false or fraudulent affidavit is guilty of a misdemeanor (S.C. Code § 12-24-70(C)).
6. The connection of the deponent with the transaction is: [____________________________________].

____________________________________
Affiant

SWORN to before me this ____ day of ______________, 20____.

____________________________________
Notary Public for South Carolina
My commission expires: ______________

11. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, witnessed, and acknowledged/probated deed, together with the Affidavit, in the Office of the Register of Deeds (or Clerk of Court) for [____________] County, South Carolina — the county in which the Property is located (S.C. Code § 30-5-30).
2. Deed recording fee (§ 12-24-10). No deed recording fee is due for this exempt trust transfer (§ 12-24-40(8)); the Affidavit states the reason for exemption (§ 12-24-70) and the Register of Deeds notes the deed "exempt" (§ 12-24-60). Confirm the exemption with the Register of Deeds.
3. Affidavit (§ 12-24-70). File the Affidavit of exemption (Section 10) with the deed.
4. Recording fees. Pay the per-document/per-page recording fee charged by the county.
5. Update collateral records. After recording, (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) confirm the legal-residence (4%) assessment ratio and homestead exemption with the County Assessor and Auditor; (c) provide a recorded copy and a Certification of Trust (S.C. Code § 62-7-1013) to the title company; and (d) record this deed before, not after, any closing on a sale or refinance.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — metes-and-bounds, or lot/block with reference to a recorded plat (plat book and page). Include the TMS/parcel number and the derivation (Deed Book/Page). Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• S.C. Code § 27-7-10 et seq. — conveyances of real property; estates.
• S.C. Code § 30-5-30 — recording of deeds with the Register of Deeds / Clerk of Court; acknowledgment or proof (probate) of execution; two-witness requirement.
• S.C. Code § 12-24-10 — deed recording fee ($1.85 per $500 of value).
• S.C. Code § 12-24-30 — "value" defined; for realty transferred to a trust, value means the realty's fair market value; deduction for liens remaining after transfer.
• S.C. Code § 12-24-40 — exemptions; § 12-24-40(8) (transfer to a trust for beneficiary interest / no other consideration); § 12-24-40(1) (value $100 or less); § 12-24-40(12) (corrective or confirmatory quitclaim, no consideration).
• S.C. Code § 12-24-60 — "exempt" notation placed by the Register of Deeds.
• S.C. Code § 12-24-70 — Affidavit of value/exemption required with the deed; exempt deeds state the reason for exemption; misdemeanor for false affidavit.
• S.C. Code § 12-43-220(c) — legal-residence (4%) assessment ratio; § 12-37-250 — homestead exemption.
• S.C. Code § 62-7-101 et seq. — South Carolina Trust Code; § 62-7-1013 (certification of trust).
• 12 U.S.C. § 1701j-3(d)(8) — Garn-St Germain Act; transfer into a borrower's inter vivos revocable trust does not trigger a due-on-sale clause.
• South Carolina Department of Revenue — Deed Recording Fee Manual (dor.sc.gov).

This document is provided for informational purposes only and does not constitute legal advice. Confirm the deed-recording-fee exemption and affidavit requirements with the Register of Deeds and consult a licensed South Carolina attorney before executing or recording this deed.