South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0950

Introduced
2/24/26  

Caption

Heirs' property

Impact

The implications of this bill are significant for families dealing with heirs' property, which often arises when real estate is inherited without clear title. By excluding these transfers from being considered assessable transfers of interest, it aims to reduce financial burdens on families seeking to clear title to shared inherited properties. Furthermore, it establishes clear definitions for terms such as 'heirs' property' and 'qualified family member,' which could streamline the process for many families facing legal complexities in property transfers.

Summary

Bill S0950 amends the South Carolina Code of Laws to modify the conditions under which a transfer of heirs' property is considered assessable. Specifically, it allows transfers made to qualified family members, who have legal claims to the heirs' property, to clear the title without being subjected to taxation as a transfer of interest, provided that certain conditions are met. This amendment seeks to facilitate clearer property ownership within families, particularly where properties have passed down through generations without formal probate.

Contention

There may be contention surrounding the definition of what constitutes a 'qualified family member' and the requirement for affidavits to be submitted to county assessors. Concerns could arise regarding how these measures may impact tax revenues and the responsibility of county assessors in verifying claims, potentially leading to disputes. The bill may also prompt discussion regarding the balance between maintaining tax revenue and enabling families to manage and retain inherited properties effectively.

Companion Bills

SC H5112

Similar To Heirs' Property

Previously Filed As

SC H4477

Heirs' property

SC H5249

Heirs' property

SC H4071

Heirs' property

SC H5112

Heirs' Property

SC H4510

Heirs property

SC SB23

AN ACT relating to heirs property.

SC H976

Uniform Partition of Heirs Property Act

SC S317

Uniform Partition of Heirs Property Act

SC SB70

AN ACT relating to heirs property.

SC H1964

Relative to uniform partition of heirs property

Similar Bills

DE HB147

An Act To Amend Title 12, Title 18, Title 25, And Title 30 Of The Delaware Code Relating To The Uniform Real Property Transfer On Death Act.

TX SB2139

Relating to the authority of the Texas Military Department to negotiate the release of a reversionary interest and certain other interests of the state in certain property in Palo Pinto County owned by the Palo Pinto County Livestock Association.

NJ S3078

Authorizes certain real property transfers without certain municipal transfer approvals and water testing.

CA AB2658

Community property in trust.

PA HB2124

Providing for uniform real property transfer on death.

CA AB1297

An act to amend, repeal, and add Section 2040 of the Family Code, relating to restraining orders.

CA SB592

Property tax: change in ownership: residential rental property.

SC H4477

Heirs' property