How to File a Quitclaim Deed in South Carolina

Using a quitclaim deed to convey interest in a property can be a seamless process. It can let you gift property, transfer property between family members, move property to a trust, and clear title issues without the complications of other deeds. Explore the steps involved in preparing and filing a quitclaim deed so you can adhere to the state’s established process.

Step 1: Acquire the Original Deed

Acquire the original deed from the current property owner. If the current property owner doesn’t have it, you can obtain a copy from your county’s Register of Deeds or Recorder’s Office. Confirm that you have access to the original deed before proceeding with the next steps.

Step 2: Fill in the Preparer’s Details

Enter the preparer’s information. The preparer is the person writing the form, whether it be you, as the grantor, or an attorney you have hired to help. In any case, you will need the preparer’s name and address to complete this step.

Step 3: Write “Return To” Information

Enter the return address and name of the person who will receive the completed document after the register of deeds no longer needs it. The receiver of the document is often the buyer/grantee, but you can choose anyone as the receiver.

Step 4: Note Consideration

Write the amount of money you, as the seller/grantor, will receive from the grantee in exchange for the property title (if any). First, write it out using words. Then, write the numerical value.

Step 5: Fill in the Grantor’s and Grantee’s Details

Record your full name, street address, county, city, and state in the appropriate blanks. Repeat this process using the grantee’s information.

Step 6: Write the Property’s Legal Description

Record the county where the property is located. Indicate whether the property is in an unincorporated area.

Give the property’s legal description and official address. If needed, add an attachment with the description, but be sure to cite it in the space designated for the official description.

Step 7: Get Quitclaim Deed Notarized

Have the grantor sign the document in the presence of two witnesses. Under the grantor’s signature, the grantor must print their name.

The notary public will notarize the document after the signature. Per SC Code § 30-5-30, two witness signatures are necessary, one of which may be the notary.

Step 8: Get an Affidavit to Certify the Property’s Value

Grantors must obtain and include an affidavit stating the property’s value alongside their quitclaim deed at filing (SC Code § 12-24-70). The grantor must sign this affidavit before a notary public.

This requirement is unique to South Carolina compared to other states’ processes.

Step 9: File the Deed

Check with the register of deeds in the county where the property is located to learn the county filing fees or other guidelines for registering property. Submit the deed, affidavit, any attachments, and the appropriate fee to the county’s register of deeds.