South Carolina's Pending Real Estate TOD Deed

South Carolina currently has two entirely different bills trying to solve the same problem in two different ways — and as of this review, neither one has become law.

No real-property TOD deed — yet

South Carolina has never adopted the Uniform Real Property Transfer on Death Act. As of this review, there's no statutory mechanism to record a beneficiary designation on real estate that automatically transfers the property at death, outside of probate. That said, South Carolina currently has two separate bills pending that would each address this gap in a different way.

Bill one: an affidavit-based TOD designation

Introduced January 14, 2025, S.49 would add Section 27-1-80 to the South Carolina Code, letting both sole owners and joint owners with a right of survivorship designate a TOD beneficiary. What's distinctive here is the mechanism: rather than a formal "deed," the bill uses an affidavit. Any affidavit containing language showing a clear intent to designate a TOD beneficiary would have to be liberally construed to do so, and once recorded with the county Register of Deeds, that affidavit would serve as conclusive evidence of the designation — a notably permissive standard designed to make the mechanism forgiving of imperfect drafting.

Bill two: a separate Lady Bird deed act

Introduced March 27, 2025, H.4264 — titled the "South Carolina Enhanced Life Estate Deed Act" — proposes an entirely different mechanism: a Lady Bird-style enhanced life estate deed, the same basic concept Florida and Michigan already recognize at common law. This bill is genuinely separate from S.49; South Carolina lawmakers are considering two distinct paths to the same underlying goal, rather than settling on one unified approach.

Personal property already has TOD registration

While real estate waits, South Carolina has already moved on personal property. Effective around 2024-2025, titled personal property — vehicles, mobile homes, and watercraft — can carry a TOD designation through the Department of Motor Vehicles. This designation expressly does not reach real property; it's a completely separate statutory track that happens to have moved faster than the real-estate version.

A distinctive naming convention for joint personal property

For jointly owned personal property carrying a TOD designation, South Carolina practice relies on a simple naming convention: the designation works only if there's a right of survivorship, and using the word "OR" between owners' names on the title indicates that survivorship right, while "AND" denotes separate ownership shares with no automatic inheritance between the co-owners. Getting this single word wrong on a title can change what happens to the property entirely.

Securities already have their own mechanism too

South Carolina's Uniform TOD Security Registration Act (S.C. Code § 35-6-10 and following) already lets stocks and bonds be registered in TOD form, passing directly to a named beneficiary without probate court involvement — a well-established option, unlike the still-pending real estate mechanisms.

What to watch for

Given that two separate, substantive bills are both actively moving through committee at the same time, it's reasonable to expect South Carolina will eventually adopt some form of non-probate real estate transfer — the open question is which mechanism, or whether both end up passing in some combined form. Until either becomes law, South Carolina real estate owners continue to rely on joint tenancy with the exact statutory wording, a life estate deed, or a revocable living trust.

South Carolina TOD deed — frequently asked questions

What is South Carolina Senate Bill 49?

Introduced January 14, 2025, S.49 would add Section 27-1-80 to the South Carolina Code, establishing a Transfer on Death designation for real property that both sole owners and joint owners with right of survivorship could use, recorded through a county-filed affidavit.

How would the South Carolina TOD bill's affidavit mechanism work?

Under the proposed Section 27-1-80, any affidavit containing language showing a clear intent to designate a TOD beneficiary must be liberally construed to do so, and once recorded with the county Register of Deeds, the affidavit would serve as conclusive evidence of that designation.

What is South Carolina House Bill 4264?

Introduced March 27, 2025, H.4264, titled the South Carolina Enhanced Life Estate Deed Act, proposes a separate Lady Bird-style deed mechanism distinct from the TOD designation proposed in S.49.

Does South Carolina already allow transfer-on-death registration for any property?

Yes. Effective around 2024-2025, South Carolina permits TOD designations for titled personal property such as vehicles, mobile homes, and watercraft through the Department of Motor Vehicles, and separately for securities under the Uniform TOD Security Registration Act — but expressly not for real property.

How does South Carolina's personal-property TOD designation handle jointly owned property?

The designation works only if there is a right of survivorship. Using the word "OR" between owners' names on the title indicates survivorship rights, while "AND" denotes separate ownership shares without automatic inheritance between the co-owners.

This page provides general guidance only and is not legal advice. Figures are based on the South Carolina General Assembly's public bill history and South Carolina statute, verified per our methodology. Legislation can change; confirm the current status with the South Carolina General Assembly or a licensed South Carolina attorney before acting.