Updated October 11, 2026. Quick answer: Before a deed can be recorded in South Carolina it must be acknowledged or proved, either by a subscribing witness’s affidavit or by the grantor’s acknowledgment before an officer in the presence of two witnesses. The uniform filing fee for a deed to real estate is fifteen dollars, collected by the clerk of court or register of deeds (statewide statute); separate from the deed recording fee in 12-24-10.
South Carolina quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | South Carolina’s statutory fee-simple conveyance form is valid when executed in the presence of and subscribed by two or more credible witnesses. |
| Witnesses | The statutory conveyance form is valid if it is subscribed by two or more credible witnesses, and recording separately requires either a subscribing-witness affidavit or an acknowledgment taken in the presence of two witnesses. |
| Notary or acknowledgment | Before a deed can be recorded in South Carolina it must be acknowledged or proved, either by a subscribing witness’s affidavit or by the grantor’s acknowledgment before an officer in the presence of two witnesses. |
| Statutory quitclaim form | Not found in the documents read |
| Where to record, and the fee | Register of deeds (or clerk of court in counties where the clerk performs that office). The uniform filing fee for a deed to real estate is fifteen dollars, collected by the clerk of court or register of deeds (statewide statute); separate from the deed recording fee in 12-24-10. |
| Deed recording fee (state and county) | South Carolina charges a deed recording fee of one dollar eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty’s value: a state fee of one dollar thirty cents plus a county fee of fifty-five cents. The grantor is liable and the grantee is secondarily liable. Value means the consideration paid or to be paid. |
| Gift from a parent to a child | Not found in the documents read |
| Spouse or homestead | Not found in the documents read |
| Source | South Carolina Legislature |
Signing, witnesses and the notary in South Carolina
South Carolina’s statutory fee-simple conveyance form is valid when executed in the presence of and subscribed by two or more credible witnesses.
Before a deed can be recorded in South Carolina it must be acknowledged or proved, either by a subscribing witness’s affidavit or by the grantor’s acknowledgment before an officer in the presence of two witnesses.
Witnesses: The statutory conveyance form is valid if it is subscribed by two or more credible witnesses, and recording separately requires either a subscribing-witness affidavit or an acknowledgment taken in the presence of two witnesses.
The text itself:
- South Carolina Code of Laws Title 27 Chapter 7 (Execution and Form of Conveyances): “subscribed by two or more credible witnesses”
- South Carolina Code of Laws Title 27 Chapter 7 (Execution and Form of Conveyances): “to warrant and forever defend all and singular said premises”
- South Carolina Code of Laws Title 30 Chapter 5 (Recording of Instruments): “it must be acknowledged or proved by the method described”
- South Carolina Code of Laws Title 30 Chapter 5 (Recording of Instruments): “in the presence of two witnesses, taken before some officer”
If you want a ready-made form
Review LawDepot’s quitclaim deed form
LawDepot builds a quit claim deed from guided questions for your state. Compare the form with the signing, notary and recording rules on this page before you sign anything.
A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.
The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything. We are not a law firm and this is not legal advice.
Review LawDepot’s quitclaim deedOpens on LawDepot. Follow the signing, notary and recording rules for your state.
How our partner relationships workRecording: where to file and what it costs
Recording office: Register of deeds (or clerk of court in counties where the clerk performs that office). The uniform filing fee for a deed to real estate is fifteen dollars, collected by the clerk of court or register of deeds (statewide statute); separate from the deed recording fee in 12-24-10.
The text itself:
- South Carolina Code of Laws Title 8 Chapter 21 (Fees): “fifteen dollars for a deed to real estate”
Transfer tax and a gift to a family member
South Carolina charges a deed recording fee of one dollar eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty’s value. The fee is made up of a state fee of one dollar thirty cents and a county fee of fifty-five cents for each five hundred dollars. Value means the consideration paid or to be paid in money or money’s worth, less any lien that exists before the transfer and remains after it. The grantor is liable for the fee and the grantee is secondarily liable. Deeds listed in section 12-24-40 are exempt, including a corrective or quitclaim deed used to confirm title already vested in the grantee when no consideration is paid or to be paid.
Between family members: Not found in the documents read.
The text itself:
- South Carolina Code of Laws Title 12 Chapter 24 (Deed Recording Fee): “one dollar eighty-five cents for each five hundred dollars”
- South Carolina Code of Laws Title 12 Chapter 24 (Deed Recording Fee): “a quitclaim deed used to confirm title already vested in the grantee”
Other filings the documents mention
The register of deeds or clerk of court requires an affidavit showing the value of the realty to be filed with a deed, and for an exempt deed the affidavit must state the reason for the exemption.
The text itself:
- South Carolina Code of Laws Title 12 Chapter 24 (Deed Recording Fee): “shall require an affidavit showing the value of the realty”
A worked example: a parent deeds the home to an adult child
An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000). Federal gift tax filing rules are outside this page and outside the documents read.
Read the South Carolina transfer-tax rule above for the state side of the same transfer. See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether South Carolina has a statutory quitclaim form: not found in the documents read.
- Whether a gift from a parent to a child is exempt from the transfer tax: not found in the documents read.
- Whether a spouse must join in the deed: not found in the documents read.
- County or city transfer taxes and local recording surcharges were not read unless named above.
Common mistakes
- Assuming the answer for one state applies to another, or that signing a deed ends the paperwork before recording.
Related: quitclaim vs warranty deed for a family transfer, South Carolina probate cost, and whether South Carolina has an estate tax.
Sources
- South Carolina Code of Laws Title 27 Chapter 7 (Execution and Form of Conveyances): https://www.scstatehouse.gov/code/t27c007.php
- South Carolina Code of Laws Title 30 Chapter 5 (Recording of Instruments): https://www.scstatehouse.gov/code/t30c005.php
- South Carolina Code of Laws Title 12 Chapter 24 (Deed Recording Fee): https://www.scstatehouse.gov/code/t12c024.php
- South Carolina Code of Laws Title 8 Chapter 21 (Fees): https://www.scstatehouse.gov/code/t08c021.php
- 26 U.S.C. 1015, Basis of property acquired by gifts and transfers in trust (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1015.htm
- 26 U.S.C. 1014, Basis of property acquired from a decedent (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.