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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 62-2-804: Effect of provision for survivorship on succession to joint tenancy.

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Where this section sits in the code
  1. Title 62 - SOUTH CAROLINA PROBATE CODE
  2. ARTICLE 2 Intestate Succession and Wills
  3. Part 8 General Provisions

When any individual is seized or possessed of any real property held in joint tenancy at the time of the individual's death, the joint tenancy is deemed to have been severed by the death of the joint tenant and the real property is distributable as a tenancy in common unless the instrument which creates the joint tenancy in real property, including any instrument in which one individual conveys to himself and one or more other persons, or two or more persons convey to themselves, or to themselves and another or others, expressly provides for a right of survivorship, in which case the severance does not occur. While other methods for the creation of a joint tenancy in real property may be utilized, an express provision for a right of survivorship is conclusively considered to have occurred if the will or instrument of conveyance contains the names of the devisees or grantees followed by the words "as joint tenants with right of survivorship and not as tenants in common".

Collected 2026-09-02T08:08:29Z. Source file · JSON

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