Glossary
The following denitions are from multiple sources and are not specic to any particular state statute.
Of course, any statutory denitions (terms dened in the laws of a particular state) would overrule these
denitions in any legal proceeding.
Adverse possession
A legal doctrine that describes
when someone occupies property
for a period of time and then
claims legal rights to it.
Ancestor
A person from whom someone is
descended; a direct blood relative.
Clearing title
The legal process of proving and
obtaining a deed for the current
owners of heirs’ property.
Condemnation/eminent
domain
The right of a government or its
agent to take private property for a
public purpose, with compensation
to the property owner (such as a
public utility taking land so they
can build power lines).
Co-tenants
Those who own heirs’ property
with others. In a partition action
under the Uniform Partition of Heirs
Property Act, the co-tenants are all
the co-owners of heirs’ property,
regardless of the size of the
fractional interest owned. See the
denition of tenants in common,
below.
Decedent
A person who has died; decedent
is also often referred to as “the
deceased.”
Deed
A legal document, usually
recorded in the ofce of a town or
county that keeps land records,
often used to show the legal
owner(s) of a piece of property.
Descendant
A person related to someone who
has died, either directly (parent,
child, grandchild) or indirectly
(aunts and uncles, cousins). This
includes anyone legally adopted.
Estate
The real property (land and
buildings) and personal property
(clothing, furniture, cars, and so
on) of a person who has died.
In probate settings, the “estate”
includes the total assets (things
one owns) and liabilities (debts) of
a person who has died.
Heirs
People who are entitled under
state “intestate” law to inherit
property from someone who has
died.
Intestate
A person dies “intestate” when they
die without a valid will.
Intestate real estate
Land and other property (such as
houses or buildings) owned by
the decedent when they died and
not addressed in a will, and which
does not pass to anyone based on
language in the deed itself (such
as a joint survivorship clause).
Intestate succession
State laws addressing who inherits
property from someone who
dies without a will (or when a
will is found to be invalid), or any
property that was not included in
the decedent’s will.
Joint tenants
Two or more owners of equal
shares of property who have a
right of survivorship, meaning that
if one joint tenant dies their share
goes to the other joint tenant(s) in
equal shares.
Probate
The legal process of proving the
validity of a will in court, and
handling the estate of a decedent
whether there is a will or not.
Tax lien
A state or local government’s right
to keep real estate for payment of
some debt or obligation.
Tax sale
A legal process used by a county
or town to take the property of a
landowner who has not paid their
property taxes in full and sell it to
recover the unpaid taxes.
Tenants in common
People who each own an
individual, undivided interest in
property (also known as “co-
tenants”), but not necessarily
equal interests. See the denition
of co-tenants, above.
Testate
A person dies “testate” when they
have a valid will.
Title
Refers to ownership rights in land.
As a legal concept, title exists
even without any documents, but
a deed is the most common way
to determine who has title in land.
(See denition of deed, above.)
Sometimes a will or an afdavit
may be used to document
ownership rights.
Undivided interest
An interest in property that is held
in common with others in a single
property. These interests can be
unequal; that is, the value of each
interest can vary.
HEIRS’ PROPERTY: Understanding the Legal Issues in South Carolina | 10