Personal Representative's Deed of Distribution / Conveyance - South Carolina

PERSONAL REPRESENTATIVE'S DEED

(Deed of Distribution / Conveyance)

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

PERSONAL REPRESENTATIVE'S DEED

STATE OF SOUTH CAROLINA
COUNTY OF _________________

KNOW ALL MEN BY THESE PRESENTS:

This Personal Representative's Deed is made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor (Fiduciary Capacity)

_____________________________________________
(Name of Personal Representative)

of _____________________________________________
(Address)

acting solely in the capacity of, and not individually, as the duly appointed and qualified Personal Representative of the Estate of _________________________ ("Decedent"), Deceased,

who died ☐ testate ☐ intestate on the _____ day of _________________, 20_____,

whose estate is administered in the Probate Court for _________________ County, South Carolina,

Probate Court Estate / Case No.: _____________________________________________

Letters / Appointment issued: [__/__/____]

hereinafter called "GRANTOR" or the "Personal Representative."

Section 1.2 Grantee(s)

_____________________________________________
(Name)

Mailing Address (Required per S.C. Code):
_____________________________________________
_____________________________________________

Vesting:
☐ An unmarried person
☐ A married person
☐ Husband and wife, as tenants in common
☐ Husband and wife, as joint tenants with right of survivorship
☐ As tenants in common
☐ As joint tenants with right of survivorship
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTEE"

ARTICLE II: AUTHORITY OF PERSONAL REPRESENTATIVE

Section 2.1 Source of Authority (Check ALL That Apply)

Under S.C. Code § 62-3-711(a), the Personal Representative has the same power over the title to estate property that an absolute owner would have, in trust for the benefit of creditors and others interested in the estate; however, under § 62-3-711(b) the Personal Representative may not sell real property except as authorized by the will or through the procedures of §§ 62-3-911 or 62-3-1301 et seq. This conveyance is made under the following authority:

☐ Power of Sale Under the Will (S.C. Code § 62-3-711(c)). The Decedent's Last Will and Testament, admitted to probate in the above cause, devises the real property to the Personal Representative or authorizes the Personal Representative to sell it; the Personal Representative therefore executes this Deed in favor of a purchaser for value, who takes title in accordance with S.C. Code § 62-3-910(B).

☐ Court Authorization to Sell (S.C. Code § 62-3-1301 et seq.). The Probate Court (or Circuit Court) authorized the sale of the real property by the procedures of S.C. Code § 62-3-1301 et seq., after summons and notice to interested persons:

• Order/Decree authorizing sale dated: [__/__/____]

☐ Partition for Purpose of Distribution (S.C. Code § 62-3-911). The Court directed the Personal Representative to sell the property (which could not be fairly partitioned in kind) and to distribute the proceeds, and the Court directed the Personal Representative to execute and deliver the proper instrument transferring title:

• Order/Decree dated: [__/__/____]

☐ Deed of Distribution to Heir/Devisee (S.C. Code §§ 62-3-907, 62-3-908). This Deed distributes the real property in kind to the person(s) entitled to it under the will or the intestate laws, no sale being made.

Section 2.2 Effect of Conveyance (S.C. Code § 62-3-910)

Execution and delivery of this Deed by the Personal Representative affects title to the real property to the extent provided by the South Carolina Probate Code, and a purchaser for value who takes title from the Personal Representative takes in accordance with S.C. Code § 62-3-910(B).

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

WITNESSETH: That the GRANTOR, in the capacity recited above and in the exercise of the authority recited in Article II, for and in consideration of the sum of $_____________________ (____________________ Dollars) and other good and valuable consideration (or, in the case of a distribution in kind, in satisfaction of the GRANTEE's distributive share of the Estate), the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and released, and by these presents does GRANT, BARGAIN, SELL AND RELEASE unto the GRANTEE, and GRANTEE's heirs and assigns forever, all of the right, title, and interest of the Decedent and of the Estate in and to:

Section 3.2 Legal Description

All that certain piece, parcel, or lot of land, situate, lying, and being in the County of _________________, State of South Carolina, containing _______ acres, more or less, and being more particularly shown and described as follows:

See Exhibit "A" attached hereto and incorporated herein by reference.

Tax Map Number (TMS): _____________________________________________

Property Address: _____________________________________________

Section 3.3 Derivation Clause (Required per S.C. Code § 30-5-35)

This being the same property that became vested in the Decedent by deed of _________________________ dated _________________, and recorded in the Office of the Register of Deeds for _________________ County in Deed Book _______ at Page _______ (or by devise/intestate succession upon the death of the Decedent, whose Estate is referenced above).

ARTICLE IV: LIMITED (FIDUCIARY) WARRANTY

Section 4.1 Special Warranty in Representative Capacity

TOGETHER with all and singular the rights, members, hereditaments, and appurtenances to said premises belonging or in anywise incident or appertaining.

TO HAVE AND TO HOLD all and singular the premises before mentioned unto the GRANTEE, GRANTEE's heirs and assigns forever.

And GRANTOR, in GRANTOR's representative capacity only and not individually, does hereby bind the Estate of the Decedent to WARRANT AND DEFEND all and singular the said premises unto the GRANTEE, GRANTEE's heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof BY, THROUGH, OR UNDER THE GRANTOR or the Estate, but against none other.

Section 4.2 No Personal Liability of Fiduciary

NOTICE: This is a FIDUCIARY DEED carrying only a LIMITED (SPECIAL) WARRANTY. The Personal Representative executes this Deed solely in a representative capacity and NOT INDIVIDUALLY, makes NO PERSONAL COVENANTS OF WARRANTY, and assumes NO PERSONAL LIABILITY under this Deed. The Deed conveys only such title as the Decedent held and as the Personal Representative is empowered to convey. It does NOT warrant against:

• Defects in title arising before or independent of the Decedent's ownership
• Liens or encumbrances created by parties other than the Grantor or the Estate
• Claims of persons NOT claiming by, through, or under the Grantor or the Estate

Section 4.3 Statutory References

This conveyance is made pursuant to:

• S.C. Code § 62-3-711 (Powers of personal representatives; limits on sale of real property)
• S.C. Code § 62-3-715 (Transactions authorized for personal representatives)
• S.C. Code §§ 62-3-907, 62-3-908, 62-3-910 (Distribution; deed of distribution; purchasers)
• S.C. Code § 62-3-911 (Partition for purpose of distribution)
• S.C. Code § 62-3-1301 et seq. (Sale of real property by court authorization)
• S.C. Code § 30-5-30 (Signing and witnessing requirements)
• S.C. Code § 30-5-35 (Derivation clause requirement)
• S.C. Code § 12-24-10 et seq. (Deed recording fee)

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) Ad valorem property taxes for the year 20_____ and thereafter;

(b) All applicable zoning ordinances, building codes, and governmental regulations;

(c) All restrictions, covenants, conditions, easements, rights-of-way, and reservations of record;

(d) All matters disclosed by an accurate survey and inspection of the property;

(e) Rights of tenants or parties in possession;

(f) Any orders, judgments, and decrees of the Probate Court in the above-referenced estate;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: DEED RECORDING FEE

Section 6.1 South Carolina Deed Recording Fee (S.C. Code § 12-24-10 et seq.)

Consideration/Value: $_____________________

State + County Deed Recording Fee: $1.85 per $500 of value ($1.30 state + $0.55 county)

☐ This deed is exempt from the deed recording fee per S.C. Code § 12-24-40.

Exemption reason: _____________________________________________

Section 6.2 Affidavit for Taxable or Exempt Transfers (S.C. Code § 12-24-70)

An Affidavit for Taxable or Exempt Transfers indicating the value of the property must be submitted with this deed at recording.

☐ Affidavit attached

ARTICLE VII: EXECUTION

Section 7.1 Witness and Grantor Signatures (Two Witnesses Required - S.C. Code § 30-5-30)

WITNESS(ES):

_____________________________________________
Witness #1 Signature

_____________________________________________
Witness #1 Printed Name

_____________________________________________
Witness #2 Signature / Notary Public

_____________________________________________
Witness #2 Printed Name

GRANTOR / PERSONAL REPRESENTATIVE:

_____________________________________________ (L.S.)
Signature

_____________________________________________
Printed Name, as Personal Representative of the
Estate of _________________________, Deceased (and not individually)

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 South Carolina Acknowledgment (Representative Capacity)

STATE OF SOUTH CAROLINA
COUNTY OF _________________

I, the undersigned Notary Public, do hereby certify that _________________________, as Personal Representative of the Estate of _________________________, Deceased, personally appeared before me this day and acknowledged the due execution of the foregoing instrument in such representative capacity.

WITNESS my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public for South Carolina

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

I, the undersigned Notary Public, do hereby certify that _________________________, as Personal Representative of the Estate of _________________________, Deceased, personally appeared before me this day and acknowledged the due execution of the foregoing instrument in such representative capacity.

WITNESS my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

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): _____________________________________________

SOUTH CAROLINA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Deed Recording Fee (S.C. Code § 12-24-10 et seq.)

South Carolina imposes a deed recording fee (not a separate transfer tax). A distribution to an heir/devisee without consideration is generally exempt under § 12-24-40.

Important South Carolina Notes

1. Authority to Convey Real Property. A personal representative may NOT sell estate real property unless the will authorizes the sale (§ 62-3-711(b)–(c)) or the sale is authorized through the court procedures of §§ 62-3-911 or 62-3-1301 et seq. For a distribution in kind to the persons entitled, a deed of distribution (§§ 62-3-907, 62-3-908) is used. Check the correct box in Article II.

2. Two Witnesses Required. A valid, recordable deed requires two witnesses (§ 30-5-30); one may be the notary. Failure may render the deed unrecordable.

3. Derivation Clause. Required by § 30-5-35 — show how the Decedent acquired title (prior grantor, date, Book/Page) or that title passed by the referenced estate.

4. Letters / Court Order. Record the Letters/appointment, and any court order authorizing the sale, with this deed to establish the fiduciary's authority.

5. Deed Recording Fee / Affidavit of Value. Pay the recording fee or claim a § 12-24-40 exemption; the § 12-24-70 affidavit is required with the deed even if exempt.

6. No Personal Warranty. The personal representative conveys only in a representative capacity with a limited fiduciary warranty and no personal liability.

7. Title Insurance / Legal Counsel. Grantees should obtain title insurance; consultation with a licensed South Carolina attorney is recommended.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
South Carolina Bar Number (if attorney)

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.