S 49 South Carolina Senate · 2025-2026 Regular Session

Transfer on Death Deed

This bill creates a "Transfer on Death" (TOD) deed system for South Carolina real property owners. It allows owners to name beneficiaries who automatically inherit property upon the owner’s death, bypassing probate court. Owners must record a simple affidavit in county records; the transfer occurs automatically without court involvement, and beneficiaries gain no ownership rights during the owner’s lifetime. The law applies only to sole owners or joint owners with "right of survivorship" (indicated by "or" in property titles), with specific rules for multiple beneficiaries or if no beneficiaries survive.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 14, 2025 Last action Jan 14, 2025
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Jan 14, 2025
Committee
Referred to Committee on Judiciary
upper
Jan 14, 2025
Introduced
Introduced and read first time
upper
Dec 11, 2024
Committee
Referred to Committee on Judiciary
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Tom Davis
Tom Davis
RRepublican
SC
46