[SC] What are joint tenants with rights of survivorship?
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The short answer? In South Carolina, if the deed says “joint tenants with right of survivorship,” the home automatically passes to you without needing a court form, and you’d just record a death certificate with the county.
If the deed doesn’t say that and instead is “tenants in common,” then the home goes through probate and would be listed on the small estate affidavit.
Since you’re not sure how the deed is titled, you’ll need to get a copy to confirm before doing anything. Once confirmed, if it is survivorship, you do not list it under your wife’s probate estate holdings.
Does that help clarify things? I want to make sure I didn’t leave anything out.
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I understand that in South Carolina, when a spouse passes away, the title to the home is automatically transferred to the surviving spouse. What form is used for this? Also, I am a small estate judgment in probate court. Should the home be listed under that form as a real estate holding for my deceased wife?
I’m sorry to hear about your loss; that must be a difficult situation for you. Can you confirm if you are currently the surviving spouse and if the home is solely in your deceased wife’s name?
I am the surviving spouse. The title contains both our names.
Have you already initiated the probate process for your wife’s estate, or are you still in the early stages?
I am in the early stages.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with the probate process.
No
Hello! My name is Michael, and I’m an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
Do you know if the deed to your home says you and your wife owned it as “joint tenants with right of survivorship” or as “tenants in common”? This detail will determine whether the property automatically transfers to you or needs to go through probate.
No, I don’t.
Ok thanks! Just a few more questions. Do you know who prepared the deed originally — for example, was it done by an attorney, a title company, or did you handle it yourselves? That might help us track down exactly how the ownership was set up.
A title company for Navy Federal Credit Union.
Understood! So you’re just wondering what it is you can do here, correct? Also, I really appreciate you using JustAnswer — it means a lot to be able to help. Let’s make this a smooth session for you, and you can add me as a favorite after we’re done.
Navy Federal is the lien holder. I need to know what SC form is submitted to the court to have the title transfer automatically.
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
Go ahead.
Ok! I’ve been working on an answer while we’ve been chatting, so it’ll just be a moment.
The short answer? In South Carolina, if the deed says “joint tenants with right of survivorship,” the home automatically passes to you without needing a court form, and you’d just record a death certificate with the county.
If the deed doesn’t say that and instead is “tenants in common,” then the home goes through probate and would be listed on the small estate affidavit.
Since you’re not sure how the deed is titled, you’ll need to get a copy to confirm before doing anything. Once confirmed, if it is survivorship, you do not list it under your wife’s probate estate holdings.
Does that help clarify things? I want to make sure I didn’t leave anything out.
Thanks. I will call my mortgage company as I don’t have a copy of the deed in front of me.
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Thanks. Have a good day.
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