What type of deed do I need to move property into a living trust?: A North Carolina guide – South Carolina

Short Answer

In South Carolina, real estate is typically moved into a living (revocable) trust by signing and recording a deed from the current owner to the trustee of the trust. The deed type is usually either a general warranty deed (more common in sales) or a quitclaim deed (more common in intra-family or “paper” transfers), depending on the title warranties intended. The deed must be properly executed (including witness requirements) and recorded in the county where the property is located.

Understanding the Problem

Under South Carolina probate and real estate practice, the key question is: what deed should transfer South Carolina real estate from an individual owner (or co-owners) into a living trust, so the trustee becomes the record owner. This is a deed-selection question (warranty deed versus quitclaim deed) tied to how title should be conveyed and what promises, if any, should be made about the condition of the title. The trigger event is the decision to fund a living trust with real estate during the owner’s lifetime by recording a deed to the trustee.

Apply the Law

South Carolina allows a trust to be created and funded by transferring property to a trustee during the settlor’s lifetime, and real property trusts must be supported by a signed writing. For real estate, the practical way to “move” the property into the trust is a recorded deed that names the trustee (and identifies the trust in the manner of taking title). Deeds must also meet South Carolina execution formalities (including witness requirements) to be recordable and effective.

Key Requirements

Correct grantee (trustee) language: The deed should convey the property to the currently serving trustee(s) and show the proper manner of taking title for the trust (for example, naming the trustee and the trust name/date).
Proper deed execution: South Carolina requires a deed to be executed with the required witnesses for a valid fee simple conveyance form.
Recordation in the right county: The signed deed must be recorded in the county where the property is located (Register of Deeds or Clerk of Court, depending on the county’s system) so the public land records reflect the trust ownership.

What the Statutes Say

S.C. Code Ann. § 62-7-401 (Methods of creating trust) – A trust may be created by transferring property to a trustee; a trust of real property must be proved by a signed writing.
S.C. Code Ann. § 27-7-10 (Form of conveyance; witnesses) – Provides a valid form/purport for conveying fee simple and requires execution in the presence of two or more credible witnesses.
S.C. Code Ann. § 62-7-1013 (Certification of trust) – Allows a trustee to provide a certification of trust and describes the “manner of taking title” language; for real estate transactions it can be executed and acknowledged for recordation.
S.C. Code Ann. § 12-24-70 (Affidavits filed with deeds) – Requires an affidavit showing value to be filed with a deed (or an exemption reason), subject to waiver by the recording office.

Analysis

Apply the Rule to the Facts: When the goal is to move South Carolina real estate into a living trust, the transfer usually happens by deed from the current owner to the trust’s trustee, recorded in the county land records. The deed type (general warranty deed versus quitclaim deed) mainly changes what title promises the grantor makes to the trustee (and ultimately to future buyers). If the property is simply being “funded” into a revocable trust with no sale, many owners use a deed that limits warranties, but the correct choice depends on the title history, lender requirements, and the overall estate plan.

Process & Timing

Who files: The current owner (grantor) signs the deed; the deed is then recorded. Where: The Register of Deeds (or Clerk of Court in counties without a Register of Deeds) in the South Carolina county where the property is located. What: A deed transferring title to the trustee(s), plus any required recording cover sheets/affidavits used by that county. When: Record as soon as the deed is properly signed and notarized so the public record matches the trust plan.
Confirm trust details for title purposes: Many transactions use a certification of trust to confirm the trust exists, identify the trustee, and state the proper manner of taking title, without recording the full trust document.
Update related items: After recording, update homeowner’s insurance records and keep the recorded deed with the trust documents so the successor trustee can prove authority later.

Exceptions & Pitfalls

Wrong deed type for the goal: A general warranty deed gives broad title warranties; a quitclaim deed gives limited/no warranties. Picking the wrong one can create avoidable title problems later, especially when the property is sold or refinanced.
Incorrect trustee/trust naming: Deeding to the “trust” instead of the trustee, using an outdated trustee name, or failing to match the trust’s title-holding language can cause recording or title underwriting issues.
Execution and recording defects: Missing witness requirements, notary problems, or failing to file required affidavits can lead to rejection by the recording office or later title disputes.

For more detail on the mechanics of transferring a home into a trust, see how to transfer a South Carolina home into a living trust. For related probate-avoidance options, see how joint tenancy with right of survivorship can avoid probate in South Carolina.

Conclusion

In South Carolina, moving real estate into a living trust is typically done by recording a deed from the current owner to the trust’s trustee, using deed language that matches the trust’s “manner of taking title.” The most common deed choices are a general warranty deed or a quitclaim deed, depending on what title warranties are intended. The key next step is to sign a correctly drafted deed and record it with the Register of Deeds (or Clerk of Court) in the county where the property is located.

Talk to a Probate Attorney

If a living trust is part of the plan to avoid probate for South Carolina real estate, a probate attorney can help choose the right deed type, confirm the correct trustee/title language, and make sure the deed is properly executed and recorded so the trust works as intended.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.