A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-37-3150, RELATING TO DETERMINING WHEN AS ASSESSABLE TRANSFER OF INTEREST OCCURS, SO AS TO EXCLUDE TRANSFERS MADE TO QUALIFIED FAMILY MEMBERS TO CLEAR THE TITLE OF HEIRS' PROPERTY.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 12-37-3150(B) of the S.C. Code is amended by adding:

 

    (16)(a) a transfer made to a qualified family member who has legal claim to heirs' property to clear the title of the heirs' property, whereby both the grantor and grantee owned an interest in the property prior to the transfer.

           (b) For purposes of this item:

               (i) "Heirs' property" means real property owned by one or more individuals as tenants in common, which was inherited from a relative and for which no formal probate or recorded conveyance transferred clear title to the current owners.

               (ii) "Qualified family member" means a person related to the prior owner by blood, marriage, or adoption including, but not limited to, a spouse, child, grandchild, sibling, niece, nephew, aunt, uncle, cousin, or those identified as heir owners by a court of competent jurisdiction.

           (c) A partition of heirs' property, whether voluntary or ordered by a court in a proceeding to clear title, does not disqualify the resulting parcels from this exclusion. Each partitioned parcel must be assessed at its proportional value.

           (d) The transfer described in this item is not considered an assessable transfer of interest only if the qualified family members submit affidavits to the county assessor certifying under penalty of perjury that:

               (i) the property qualifies as heirs' property;

               (ii) the transfer is between qualified family members; and

               (iii) the transfer is for the purpose of clearing title.

           (e) Once title on the property is cleared, the property is no longer heirs' property and not eligible for the exclusion provided by this item.

 

SECTION 2.  This act takes effect upon approval by the Governor and applies to property tax years beginning after 2025.

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