Legal Question in Wills and Trusts in South Carolina

transferring deed...again

being that I'm the administrator would it be more appropriate to fill out an administrators deed? and also if the land is in South Carolina, would I have to fillout a deed/form from that state?


Asked on 6/17/09, 3:56 pm

1 Answer from Attorneys

Laura Foord Laura Akscin Foord LLC

Re: transferring deed...again

If you are transferring title to a property in South

Carolina, you should obtain the advice/services of an attorney licensed in that state.

Each state has different laws regarding a transfer of real estate from an estate. Some states require that you file probate (called ancillary probate) in that state before you transfer title. Some states have inheritance taxes or estate taxes.

Failure to comply with a state's requirements may make

the property unmarketable when the time comes to sell it later on.

I am assuming that you are transferring to a beneficiary of the estate, and not to someone in a sale. Later on that beneficiary may want to sell, and any unresolved estate-related liens or issues will cause further expense and delay.

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Answered on 6/17/09, 4:32 pm


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