South Carolina 2025-2026 Regular Session Status: In Committee 2 D cosponsors

H 4264 — SC Enhanced Life Estate Deed Act

Last action — Member(s) request name added as sponsor: Kilmartin, White

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced March 27, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Stalled 26% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 31 sponsors

    31 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA ENHANCED LIFE ESTATE DEED ACT" BY ADDING PART 5 TO ARTICLE 6, TITLE 62, SO AS TO ESTABLISH AN ENHANCED LIFE ESTATE DEED AND TO PROVIDE FOR PROCESSES AND PROCEDURES RELATED TO SUCH LIFE ESTATE DEED.

Bill Text

What changed in the latest version

149 added · 8 removed

Plain-language change summary

The updated version of Bill H 4264 introduces the "South Carolina Enhanced Life Estate Deed Act," which allows property owners to transfer their real estate to designated beneficiaries upon their death without having to go through probate. This change, featuring the new "Lady Bird deed," simplifies the estate planning process, ensuring that property can be passed on quickly and efficiently while also maintaining the grantor's control over the property during their lifetime. This matters as it provides a more straightforward alternative to traditional wills and can help families avoid delays and costs associated with estate administration.

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2025-2026 Bill 4264 Text of Previous Version (Mar.
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27, 2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 4264Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.)                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA ENHANCED LIFE ESTATE DEED ACT" BY ADDING PART 5 TO ARTICLE 6, TITLE 62, SO AS TO ESTABLISH AN ENHANCED LIFE ESTATE DEED AND TO PROVIDE FOR PROCESSES AND PROCEDURES RELATED TO SUCH LIFE ESTATE DEED.
  Be it enacted by the General Assembly of the State of South Carolina:
  SECTION 1.  Article 6, Title 62 of the S.C.
Code is amended by adding:
  PART 5   South Carolina Enhanced Life Estate Deeds       Section 62-6-500.  This part shall be known as the "South Carolina Enhanced Life Estate Deed Act."       Section 62-6-510.  This part establishes an enhanced life estate deed, also known as a "Lady Bird deed," which shall permit a grantor to transfer real property to one or more designated remainder beneficiaries upon the grantor's death.
Such transfer shall be effective by reason of this part and is not testamentary or subject to Articles 1 through 4 of this title (estate administration).
      Section 62-6-520.  For purposes of this part:
    (1) "Enhanced life estate deed" means a revocable trust instrument created pursuant to the provisions of this part that designates real property to pass to one or more remainder beneficiaries upon the grantor's death with the grantor retaining full control over the designated real property during the grantor's lifetime.
    (2) "Grantor" means the person who establishes an enhanced life estate deed and transfers real property into it.
    (3) "Remainder beneficiary" means the person or entity designated to receive real property pursuant to an enhanced life estate deed upon the grantor's death.
    (4) "Trustee" means the person or entity responsible for managing the enhanced life estate deed.
A grantor may be the trustee during the grantor's lifetime.
      Section 62-6-530.  A grantor may establish an enhanced life estate deed by executing a written revocable trust instrument.
An enhanced life estate deed must contain, at a minimum, the following:
        (1) a statement that the trust is an enhanced life estate deed, a Lady Bird deed, or clearly states its intent to operate under this part;
        (2) designates a trustee;
        (3) specifies one or more remainder beneficiaries to receive the real property in the enhanced life estate deed upon the grantor's death;
        (4) reserves to the grantor full control over the real property in the enhanced life estate deed;
and        (5) a statement that the enhanced life estate deed is revocable during the grantor's lifetime.
The grantor must execute and record an enhanced life estate deed with the register of deeds or clerk of court, as appropriate, in each county where the real property is situated.
      Section 62-6-540.  (A) During the grantor's lifetime, the grantor shall retain full control of the real property in the enhanced life estate deed.
This shall include, but not be limited to:
        (1) full use and enjoyment of the property;
        (2) the right to sell, mortgage, lease, or otherwise encumber the property;
        (3) the right to revoke or amend the enhanced life estate deed, including changing remainder beneficiaries;
        (4) the right to withdraw the property from the enhanced life estate deed;
and        (5) the right to terminate the enhanced life estate deed.
    (B) Any action taken by the grantor pursuant to subsection (A) shall not require the consent of any remainder beneficiary or the trustee if the trustee is someone other than the grantor.
      Section 62-6-550.  (A) If the grantor is designated as the trustee, no separate trustee duties apply to a named successor trustee during the grantor's lifetime, except as provided in subsection (B).
    (B) In the event a successor trustee is named upon the grantor's death or incapacity, that trustee shall:
     (1) distribute the remaining property to the remainder beneficiaries as specified in the enhanced life estate deed;
or        (2) manage the property in the enhanced life estate deed according to the terms of the enhanced life estate deed if distribution is delayed.
      Section 62-6-560.  (A) The property held in an enhanced life estate deed at the time of the grantor's death shall pass directly to the remainder beneficiaries without the need for probate proceedings.
    (B) The property held in an enhanced life estate deed shall not be subject to claims by the grantor's creditors unless the enhanced life estate deed was created with the intent to defraud creditors.
      Section 62-6-570.  (A) The grantor shall retain eligibility for any homestead property tax exemptions applicable under South Carolina law during the grantor's lifetime, provided the grantor continues to reside in the property.
    (B) The property in an enhanced life estate deed is considered part of the grantor's estate for federal and state tax purposes, unless otherwise excluded by applicable law.
    (C) The property in an enhanced life estate deed shall not be treated as a gift during the grantor's lifetime for Medicaid eligibility purposes.
In addition, this property shall not be subject to Medicaid estate recovery provided that the enhanced life estate deed complies with applicable federal and state Medicaid requirements.
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      Section 62-6-580.  A title insurance company may issue policies on property held in an enhanced life estate deed without requiring joinder or consent of any or all of the remainder beneficiaries, provided the enhanced life estate deed complies with this part.
      Section 62-6-590.  (A) The grantor may revoke or amend an enhanced life estate deed at any time during the grantor's lifetime by executing a written instrument of revocation or amendment.
If the grantor revokes an enhanced life estate deed, the property shall revert to the grantor's individual ownership.
    (B) An amendment or revocation of an enhanced life estate deed must be filed with the appropriate register of deeds or clerk of court.
      Section 62-6-600.  This part supplements South Carolina's probate code.
In the event of a conflict of this part with any provision of South Carolina law in regard to enhanced life estate deeds, the provisions of this part shall control.
  SECTION 2.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
  SECTION 3.  This act takes effect upon approval by the Governor and applies to all enhanced life estate deeds filed with the appropriate register of deeds or clerk of court on or after that date.
----XX---- This web page was last updated on March 27, 2025 at 11:21 AM
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Action History

  1. Member(s) request name added as sponsor: Kilmartin, White

  2. Referred to Committee on Judiciary

  3. Introduced and read first time

Sponsors

Sponsorship breakdown

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31 sponsors · 0 co-sponsors · 139 not signed on

Sponsors (31)

Co-sponsors (0)

None.

Not signed on (139)

139 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does H 4264 do?
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA ENHANCED LIFE ESTATE DEED ACT" BY ADDING PART 5 TO ARTICLE 6, TITLE 62, SO AS TO ESTABLISH AN ENHANCED LIFE ESTATE DEED AND TO PROVIDE FOR PROCESSES AND PROCEDURES RELATED TO SUCH LIFE ESTATE DEED.
Who sponsors H 4264?
H 4264 is sponsored by Henderson-Myers, Rosalyn D., Representative Donald Ryan McCabe, Jr., Representative Fawn M. Pedalino, J.L. Johnson, Representative Annie E. McDaniel, Representative John Richard C. King, Representative Jerry N. Govan, Jr., Representative William "Bill" Clyburn, Representative Terry Alexander, Representative Seth Rose, Representative Leonidas E. "Leon" Stavrinakis, Representative Carl L. Anderson, Representative Roger K. Kirby, Representative J. David Weeks, Representative Chandra E. Dillard, Representative Kevin Hardee, Representative Heather Bauer, Representative Lonnie Hosey, Tiffany R. Spann-Wilder (Democrat), Jason Luck (Democrat), Representative Michael F. Rivers, Sr., Representative Wendell G. Gilliard, Representative Lucas Atkinson, Representative Hamilton R. Grant, Representative Christopher R. "Chris" Hart, Representative Jackie E. "Coach" Hayes, Representative Leon Howard, Representative J. Todd Rutherford, Representative Mark N. Willis, Representative John Gregory "Jay" Kilmartin, and Representative Joseph S. "Joe" White.
What is the current status of H 4264?
This bill is in committee in the House. Introduced March 27, 2025. It must pass committee before a floor vote.
Where can I track H 4264?
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