Deed Transferring Real Property into Living Trust - South Carolina
DEED TRANSFERRING REAL PROPERTY INTO LIVING TRUST
Prepared by: [NAME AND ADDRESS]
After recording, return to: [NAME AND ADDRESS]
Tax map or parcel number: [____________________]
County: [____________________] County, South Carolina
Grantor and grantee
Grantor or grantors: [FULL LEGAL NAME(S) AND ADDRESS(ES)]
Grantee: [FULL LEGAL NAME(S) OF CURRENT TRUSTEE(S)], as trustee(s) of the [FULL TRUST NAME] dated [__/__/____], with mailing address [ADDRESS].
Consideration and conveyance
For the actual consideration of [DESCRIBE EVERY ITEM PAID OR TO BE PAID, INCLUDING ANY BENEFICIARY INTEREST; STATE "NO CASH CONSIDERATION" ONLY IF TRUE], receipt of any paid consideration being acknowledged, the Grantor hereby grants, bargains, sells, and releases to the Grantee, as trustee, the following real property in [COUNTY] County, South Carolina, together with its rights, members, hereditaments, and appurtenances:
Street address: [________________________________]
Tax map or parcel number: [________________________________]
Prior deed or derivation: [DEED BOOK, PAGE OR INSTRUMENT NUMBER]
Legal description: See Exhibit A attached and incorporated into this deed.
To have and to hold the property to the Grantee, as trustee, and the trustee's successors and assigns, forever.
The Grantor binds the Grantor and the Grantor's heirs, executors, and administrators to warrant and forever defend the property to the Grantee, as trustee, and the trustee's successors and assigns, against the Grantor and the Grantor's heirs and against every person lawfully claiming or to claim the property or any part of it.
The foregoing conveyance and warranty are subject to these specific title exceptions, if any: [LIST OR STATE "NONE STATED"; REVIEW CURRENT TITLE].
Execution
Signed by the Grantor in the presence of the two witnesses subscribing below on [__/__/____].
| Grantor signature | Printed name |
|---|---|
| [________________________________] | [________________________________] |
| [________________________________] | [________________________________] |
| Witness signature | Printed name |
|---|---|
| [________________________________] | [________________________________] |
| [________________________________] | [________________________________] |
Acknowledgment
SOUTH CAROLINA, [____________________] COUNTY
I, [NOTARY NAME AND TITLE], certify that [GRANTOR NAME(S)] personally appeared before me this day and acknowledged the due execution of the foregoing deed.
Date: [__/__/____]
Signature of officer: [________________________________]
Official seal: [________________________________]
Commission expiration: [__/__/____]
Exhibit A — legal description
[INSERT THE COMPLETE LEGAL DESCRIPTION FROM THE CURRENT VESTING DEED, INCLUDING ANY RECORDED PLAT REFERENCE.]
[____________________________________________________________]
[____________________________________________________________]
Recording-fee and affidavit worksheet — complete separately from the deed
Under S.C. Code §§ 12-24-10(A) and 12-24-30(A), a deed recording fee may apply. For realty transferred to a trust, statutory value is based on fair market value, subject to the remaining-lien deduction in § 12-24-30(B). Section 12-24-40(8) may exempt a qualifying transfer to a trust for a beneficiary interest only when no other consideration is paid. The deed above does not claim an exemption merely because the grantee is a trustee.
| Question | Answer and support |
|---|---|
| Fair market value and valuation source | [________________________________] |
| Lien or encumbrance existing before and remaining after transfer | [________________________________] |
| Every item of actual consideration | [________________________________] |
| Fee owed, claimed exemption, or unresolved | [________________________________] |
| Statutory exemption subsection and fact basis, if claimed | [________________________________] |
| County recorder's affidavit requirement or waiver | [________________________________] |
S.C. Code § 12-24-70(A) generally calls for a responsible person's signed affidavit stating the value and that person's connection to the transaction; the recorder may waive it. For an exempt deed, the affidavit need not state value but must state the exemption reason. Prepare and file the required affidavit for this transaction using the county's accepted form or a reviewed separate affidavit.
If a certification of trust is furnished for this real-property transaction, execute and acknowledge it in a manner permitting recordation under S.C. Code § 62-7-1013(j).
Recording office and deed reference after filing: [________________________________]
About this template
- Last updated
- October 17, 2026
- Citations checked
- October 17, 2026
- Jurisdiction
- South Carolina
- Category
- Estate Planning & Wills
Legal authority
- S.C. Code § 27-7-10 (Form of conveyance of fee simple; witnesses)
- S.C. Code § 30-5-30 (Prerequisites to recording)
- S.C. Code § 12-24-10 (Deed recording fee)
- S.C. Code § 12-24-30 (Value for realty transferred to trust)
- S.C. Code § 12-24-40(8) (Conditional trust-transfer fee exemption)
- S.C. Code § 12-24-70 (Value or exemption affidavit; possible waiver)
- S.C. Code § 62-7-1013(j) (Recordable trust certificate in real-property transaction)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 17, 2026.
S.C. Code § 27-7-10 (checked October 17, 2026): "The following form or purport of a release shall, to all intents and purposes, be valid and effectual to carry from one person to another or others 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:"
S.C. Code § 30-5-30, opening sentence (checked October 17, 2026): "Except as otherwise provided by statute, before any deed or other instrument in writing can be recorded in this State, it must be acknowledged or proved by the method described in subsection (A)(1), (A)(2), or (B)."
S.C. Code § 30-5-30(B) (checked October 17, 2026): "A deed or other instrument must be signed by the grantor, mortgagor, vendor, or lessor and the signing must be acknowledged by the grantor, mortgagor, vendor, or lessor in the presence of two witnesses, taken before some officer within this State competent to administer an oath."
S.C. Code § 30-5-30(C) (checked October 17, 2026): "Where the instrument is acknowledged by the grantor or maker, the form of acknowledgement must be in substance as follows: "South Carolina, _________________ County. I (here give the name of the official and his official title), do hereby certify that (here give the name of the grantor or maker), personally appeared before me this day and acknowledged the due execution of the foregoing instrument."
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