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Transfer-on-Death Deeds · South Carolina

South Carolina Transfer-on-Death Deed

Can you pass a South Carolina home to your heirs outside probate with a transfer-on-death deed? No — South Carolina does not offer a transfer-on-death deed for real property. This page explains why, and the verified alternatives South Carolina families use instead.

Written by TTA Editorial

Published July 26, 2026 · Last verified July 26, 2026 · Update policy: reviewed at least annually and on change in law; statutory tables re-verified each legislative session

At a glance

TOD / beneficiary deedNot available
InstrumentNone — not available for real property
Governing lawNo real-property TOD deed — 2025–26 bill (S 49) pending in committee; verify with the county register of deeds / an attorney
Community-property stateNo

Why South Carolina has no TOD deed

South Carolina does not authorize a transfer-on-death deed (or beneficiary deed) for real estate. South Carolina's Probate Code recognizes transfer-on-death and pay-on-death provisions for nonprobate transfers of accounts and securities under S.C. Code § 62-6-401 and related sections, but there is no statute extending TOD treatment to real property.

Bills to create a real-property transfer-on-death designation were introduced in the 2025–2026 session (including S 49, and a related House measure) but remained in committee and had not been enacted as of July 2026. Until such a bill becomes law, a deed attempting to convey South Carolina real estate only at the owner's death would not receive TOD effect.

To pass South Carolina real property outside probate, owners must use another recognized tool rather than a TOD/beneficiary deed.

What to use instead

Because South Carolina offers no transfer-on-death deed, families keep a home out of probate with other tools. Common alternatives include:

  • Revocable living trust holding the real property
  • Joint tenancy with right of survivorship (survivorship intent clearly stated)
  • Life estate deed (reserving a life estate, remainder to heirs)

Mortgages, Medicaid & community property

Existing mortgages and liens

Not applicable to a TOD deed here. Under any alternative used, South Carolina real property passes subject to existing mortgages, judgment liens, and tax liens; survivorship or trust transfers do not eliminate secured debt.

Medicaid estate recovery

Because no real-property TOD deed exists in South Carolina, this route is unavailable. Owners considering alternatives should be aware that South Carolina's Medicaid estate recovery, administered through the Department of Health and Human Services, seeks recovery from the estates of deceased long-term-care recipients; the interaction of any chosen tool with recovery should be confirmed with SCDHHS and an attorney licensed in South Carolina.

Community property

South Carolina is a common-law (separate-property) state. South Carolina is a common-law (separate-property) state, not a community-property state. Married owners often hold real property in joint tenancy with right of survivorship (which South Carolina permits when the survivorship intent is clearly expressed), a common substitute where a TOD deed is not available.

State-specific quirks

Account TOD is not real-estate TOD

South Carolina's § 62-6-401 authorizes transfer-on-death/pay-on-death designations for accounts and securities, not land. The presence of 'TOD' in the Probate Code does not mean a house can be passed by a beneficiary deed.

Pending legislation is not law

Real-property TOD bills (e.g., S 49) were introduced in the 2025–2026 session but sat in committee without passage as of July 2026. A proposed statute is not enforceable; do not rely on a TOD deed for South Carolina real estate unless the bill is actually enacted.

Sources & methodology

Methodology & sources

We could not confirm a primary-source transfer-on-death deed statute for South Carolina at the time of writing, so the availability above is flagged rather than cited — check it with the county recorder or an attorney licensed in South Carolina. Where this layer does cite a statute, the citation links the controlling statute — an official legislature source where available, or a third-party codified mirror of the state code otherwise; deed-form vendors and aggregator round-ups are not cited. State property and probate law changes every legislative session; this page carries the date it was last re-verified. See our editorial standards.

This page is educational and is not legal advice. Whether a transfer-on-death deed is right for you — and whether it survives Medicaid estate recovery, a mortgage’s due-on-sale clause, or a co-owner’s survivorship right — turns on facts a general page cannot resolve. Confirm your own situation with an attorney licensed in South Carolina.

Last verified July 26, 2026.