Obtaining Clear Title to Non-probated Property

Consider the following scenario: A person inherited land from his father who died 11 years ago. The father inherited it from his father who died 25 years ago. Neither estate was probated. What can be done to give the grandson “clear title”. Clear title means that there is a definite chain of title coming down to a person for at least the past 60 years. Because these two estates were not probated, the grandson does not have clear title because, pursuant to South Carolina law, when a person dies owning real property, a formal probate must be conducted and the title is passed through the estate and a deed of distribution is recorded of public record. An estate older than 10 years cannot be probated, so the grandson must proceed through a Determination of Heirs action to properly pass title to all known heirs of the deceased. In this case the Court will file the proper documents to give clear title to the grandson.