Asked in Real Estate Law and Probate for South Carolina

Q: How does my mother get my deceased father’s property in her name if he didn’t have a will?

My dad passed away 3 months ago- intestate- and is survived by my mother (his wife), my 2 brothers, and myself. His name is the only one listed as property owner for the family house & land. What do we need to do to keep the property in the family? And will it be put in just my mother’s name or will it be put in all of our names? What’s the first step & process?

**Also— my dad was cremated & the majority of his ashes were scattered throughout the property and buried with a tree we planted as a memorial to him. So, it’s more than just land to us, it’s our father & husband’s resting place.

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1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: Hire a competent SC attorney to search the title, determine heirship, draft an Affidavit of Heirship, and draft a deed from various Heirs to the one Heir which they agree for him to own individually. If multiple Heirs will be tenants in common, someone has to pay taxes and insurance.

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