Palmetto Probate Blog

In South Carolina, some assets go through probate and others are not affected by probate. As far as your house or other real estate goes, if the deed to you and someone else contains the phrase “as joint tenants with right of survivorship and not tenants in common”  in the right places, then when one person on the deed passes away the other will be the owner without having to go through probate. If the deed does not contain the survivorship language, then the portion owned by the person who died will have to go through probate. If you are worried about your house going through probate, it is worthwhile to have an attorney check the language in it and advise you about your options.