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How can I keep a South Carolina vehicle from needing probate for title transfer?

South Carolina allows a Transfer on Death (TOD) beneficiary on certain SCDMV titles. This page summarizes SCDMV public guidance, links the official forms, and points to next steps—without replacing agency instructions or attorney advice.

Sources checked: August 3, 2026 · South Carolina only · Informational

What Transfer on Death means

According to the SCDMV: Inheriting a Vehicle (Transfer on Death), Transfer on Death (TOD) allows vehicle owners to designate a beneficiary on the title of a mobile home, vehicle, or any personal property for which legal titles are issued by the SCDMV.

SCDMV states that the beneficiary has no ownership, interest, or control over the titled property during the owner’s lifetime. The property transfers to the surviving TOD beneficiary or beneficiaries only after all owners are deceased. If no beneficiary named on the TOD designation survives upon the death of the owner, the titled personal property belongs to the estate of the owner.

The statutory framework is described in S.C. Code § 62-6-401 (Transfer on death). This page does not interpret that statute beyond pointing you to the official code and SCDMV materials.

When TOD may apply (SCDMV)

SCDMV’s public overview states that the vehicle owner(s) must be an individual, not a business, and that all owners must agree to add the TOD designation. Once processed, SCDMV issues a new certificate of title with the beneficiary’s name and the “Transfer on Death” designation.

SCDMV lists TOD as applicable to:

  • Titles with one owner (owner cannot be a business)
  • Titles with multiple owners with an “or” relationship, which indicates survivorship (owners cannot be a business)
  • Titles with or without a lien

SCDMV also states that a beneficiary cannot be added if ownership is designated as an “and” relationship. For titles with a lien, SCDMV requires a statement on letterhead from the lienholder giving permission to add the TOD beneficiary or beneficiaries; the lien remains the same.

How to request a TOD designation

SCDMV lists these items for each application:

  • A completed Title and/or Registration Application (Form 400)
  • A completed Transfer on Death Application (TOD-1)
  • Title/MCO or registration
  • Title fee of $15

TOD-1 states that applications are accepted at SCDMV branch offices or can be mailed to SCDMV, 10311 Wilson Blvd., Building C, Blythewood, SC 29016-0038. Confirm the address and any updated instructions on the current form before mailing.

Official forms

TOD-1 — Application for Transfer on Death

Form version on linked PDF: Est. 07/2025

Open official PDF

Official SCDMV PDF. Confirm the current file on SCDMV Forms & Manuals before filing.

Form 400 — Title and/or Registration Application

Version: confirm on the current SCDMV PDF

Open official PDF

SCDMV requires Form 400 with a TOD request. Prefer the current Form 400 linked from SCDMV Forms & Manuals if this PDF path changes.

Prefer the live listing on SCDMV Forms & Manuals if a PDF URL changes.

After the owner dies

SCDMV states that the beneficiary or beneficiaries named in the TOD designation must present a death certificate showing that the beneficiary or beneficiaries survived all owners of the titled personal property. TOD beneficiaries follow the normal titling and registration process, including the process for plate transfer ownership, as described by SCDMV.

For other inheritance situations (for example, personal representatives, “and” ownership, or no surviving TOD beneficiary), see SCDMV’s Inheriting a Vehicle page rather than relying on this summary alone.

Limitations

  • A TOD designation on a vehicle title addresses titled personal property under SCDMV rules. It does not, by itself, plan for bank accounts, real estate, or other assets.
  • SCDMV states that, in general, it does not interpret or accept wills for titles; probate court processes may apply in other inheritance paths described on SCDMV’s site.
  • “And” co-ownership and situations without a surviving TOD beneficiary follow different paths than a completed TOD transfer.
  • Forms, fees, mailing addresses, and eligibility details can change. Always verify on dmv.sc.gov before you file.
  • This page is informational. It is not a filing service and does not create an attorney-client relationship.

Quick Q&A

What is a Transfer on Death designation on a South Carolina vehicle title?

According to the South Carolina Department of Motor Vehicles (SCDMV), Transfer on Death (TOD) lets vehicle owners designate a beneficiary on the title of a mobile home, vehicle, or other personal property for which SCDMV issues legal titles. The beneficiary has no ownership, interest, or control during the owner’s lifetime. The property transfers to the surviving TOD beneficiary or beneficiaries only after all owners are deceased. If no named beneficiary survives, the titled personal property belongs to the estate of the owner. See SCDMV’s Inheriting a Vehicle page and S.C. Code § 62-6-401.

Who can add a TOD beneficiary under SCDMV rules?

SCDMV states that vehicle owner(s) must be an individual, not a business, and all owners must agree to add the TOD designation. TOD applies to titles with one owner, and to titles with multiple owners in an “or” relationship (survivorship). A beneficiary cannot be added if ownership is designated as an “and” relationship. Titles may be with or without a lien; if there is a lien, SCDMV requires a statement on letterhead from the lienholder giving permission to add the TOD beneficiary or beneficiaries, and the lien remains the same.

What do I submit to SCDMV to request a TOD designation?

SCDMV lists these items for each application: a completed Title and/or Registration Application (Form 400), a completed Transfer on Death Application (TOD-1), the title/MCO or registration, and a title fee of $15. Applications are accepted at SCDMV branch offices or can be mailed to the address printed on the forms (SCDMV, 10311 Wilson Blvd., Building C, Blythewood, SC 29016-0038 on TOD-1). Always confirm current requirements and fees on the official SCDMV site and forms before filing.

What happens after the owner dies?

SCDMV states that the beneficiary or beneficiaries named in the TOD designation must present a death certificate showing that the beneficiary or beneficiaries survived all owners of the titled personal property. TOD beneficiaries follow the normal titling and registration process, including plate transfer ownership rules as described by SCDMV.

What are important limitations of vehicle TOD?

TOD on a vehicle title addresses titled personal property under SCDMV rules; it is not a substitute for a will or other estate documents covering other assets. SCDMV states it does not interpret or accept wills for titles in the same way probate court does. “And” co-ownership and situations without a surviving TOD beneficiary follow different SCDMV and probate-related paths described on SCDMV’s Inheriting a Vehicle page. Forms, fees, and instructions can change—verify on dmv.sc.gov before you file.

How this relates to a will package

A TOD designation on a South Carolina vehicle title can be one tool for that titled asset under SCDMV rules. Many households also need a will, powers of attorney, or healthcare documents for a broader plan. Whether TOD plus a will (or another package) fits your situation depends on your assets, ownership, and goals—topics for attorney review, not a conclusion from this page.

Wills From Home offers attorney-reviewed South Carolina documents under limited-scope representation, including a Simple Will and the Essential Estate Bundle. Video consultations are booked from the Documents Page.

Important disclaimers

Wills From Home is a service of Lowcountry Legal Solutions, LLC. These public-document pages are informational only. They summarize publicly available South Carolina agency materials and are not a substitute for individualized legal, tax, or financial advice.

South Carolina only. Browsing this site or reading these resources does not create an attorney-client relationship. Limited-scope representation applies only if you order documents or book a consultation under our engagement terms.

Always verify forms, fees, and instructions on the official agency site before you file. Agency materials can change without notice on this page.

If you are unsure whether Wills From Home meets your needs, schedule a video consultation from our Documents Page.