Alphabet Soup - SC Real Estate TICWROS
Do you want your real estate you own to pass to your spouse automatically, and outside of the probate process, upon your death? Then you need to ask for that! It is not automatic in South Carolina. If your deed only says "and" between your name and the name of your spouse and there is no survivorship language....it will go through probate where creditor claims may attach and require the sale of the property. Review your deed with a real estate lawyer. It could help your surviving spouse and heirs. We can help if you do not have a lawyer. You and your co-owner do not need to be spouses to enjoy the benefits of a survivorship deed. Here is the Smith V. Cutler case and a good article for further explanation.