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Contact Information,
Office Hours
Functions,
Office Responsibilities
FAQ's,
Common Terms,
History,
Interesting Facts
Current Elected Official Biographical Information
Search Probate Court Records
Functions
Probates estates
Holds Commitment Hearings
Issues Marriage Licenses
Settlements for Minors and Wrongful Deaths
Probate Court assists the citizens of Charleston County in probating
estates, resolving disputes in estates and trusts, handling involuntary
commitments for alcohol/drug abuse and/or mental illness, obtaining
marriage licenses, appointing and supervising guardians and
conservators, and approving minor and wrongful death settlements.
Probate Court includes the Estate, Commitment and Marriage Divisions.
The Probate Judge is elected countywide and serves a four-year term.
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This Office Does
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Provide support for family
members/attorneys to handle deceased person's affairs |
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Provide assistance in the
involuntary commitment of individuals for alcohol/drug problems and/or
mental illness
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Issue marriage licenses and
certified copies of marriage licenses |
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Appoint and supervise
conservators and guardians |
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Approve minor settlements
and wrongful death settlements |
This Office Does Not
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Write wills. Call the S.C.
Lawyers Referral Service at (800) 868-2284 or the Legal Service Agency
at (843) 720-7044 for attorney information. |
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Hear criminal cases |
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Frequently Asked
Questions
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| Q: |
What estate
planning documents should I have? |
| A: |
Everyone should
consider a Last Will and Testament, Durable Power of Attorney for
business affairs, Health Care Power of Attorney and Declaration of a
Desire for a Natural Death (or Living Will). |
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| Q: |
In South
Carolina, how is the property of a deceased citizen distributed if there
is no will? |
| A: |
If one dies
without a will, the law of interstate succession controls probate
property. Generally, the property passes in accordance with the
deceased's family tree (unless there are nonprobate transfers). |
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| Q: |
What is
required for one to apply for a marriage license in this state? |
| A: |
A person must
be at least 18 years of age or have parental consent. The license is
normally issued following the mandatory 24-hour waiting period once the
application is filed and fee of $70 cash is paid. |
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| Q: |
What are the
requirements for having a legal will? |
| A: |
The document
must be in writing, signed by a testator who is at least 18 years old
and have two witnesses. You should consult an attorney. |
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Common Terms
Accountings-- Reports that contain the annual and final fiscal
reports showing receipts and disbursements with date and purpose.
Estate Papers-- The original probate papers such as wills,
inventories, letters, accountings and related papers.
Probate --The legal process of wrapping up a person's affairs, paying
their bills and distributing their assets.
Testator-- A person who has made a legally valid will before death.
Will Books-- Recorded transcripts of the original probate wills that
give information about proving the will and qualifying the personal
representative.
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History
The forerunner to the Probate Court was the Court of the Ordinary.
The founding of the Colony in 1670 led to the creation of the original
Probate Court. In the court's early days, the Royal Governors or their
secretaries were the only Ordinaries in the province. Beginning in 1778,
the S.C. Commons House of Assembly was to appoint Ordinaries for each of
the province's seven court districts; however, due to the presence of
British forces in South Carolina, no District Ordinaries were appointed
until 1782. When the last Royal Governor fled after the adoption of the
Federal Constitution on June 21, 1788, the General Assembly appointed an
Ordinary to fulfill the duties of the office in Charleston District.
In 1787, duties of the District Ordinaries were transferred to county
courts; but because Charleston District had no county court, a 1789 law
directed the Ordinary to continue. County courts were abolished in 1799.
Within the year, the S.C. General Assembly created 24 circuit court
districts whose Ordinaries they appointed until 1815 when they became
elected.
The S.C. Constitution of 1868 replaced the Court of the Ordinary with
the Probate Court. Changes to the S.C. Constitution in 1895 required the
Probate Court to be dependent on the General Assembly for funding and
legal procedures. This was so in all counties except Charleston where it
remained a constitutional court until 1962.
Unlike other judges in South Carolina, the probate judge is selected
by popular election to a four-year term.
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Interesting Facts
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The Estate Division opens
approximately 1,700 estates a year and tries approximately 400 litigated
cases. |
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On average, the Commitment
Division handles 2,000 commitments per year. |
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The Marriage Bureau issues
an average of 5,000 marriage licenses per year. |
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Copies of wills from
1671-1871, as well as estate inventories and miscellaneous records from
1687-1785, are housed in the South Carolina Room of the
Charleston County Main Library. The original documents are
stored at the S.C. Department of Archives and History. |
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Probate Court has records
of marriage licenses from 1879-present. Prior to 1879, churches kept
these records.
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Charleston County provides
funds for one full-time and one part-time Associate Probate Judge who
are appointed by the Probate Judge. |
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Probate Court matters are
generally conducted without a jury, but, under state law, parties have
the right to request a jury trial. |
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Contact Information
Commitment Division, Guardianship and Commitment
Judicial Center
100 Broad Street, Suite 469
Charleston, SC 29401
(843) 958-5180
(843) 958-5191 (Fax)
Estate Division
Historic Courthouse
84 Broad Street, Third Floor
Charleston, SC 29401
(843) 958-5030
(843) 958-5044 (Fax)
Marriage License Division
Judicial Center
100 Broad Street, Suite 469
Charleston, SC 29401
(843) 958-5183
(843) 958-5191 (Fax)
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Office Hours
Commitment, Guardianship and Estate Divisions
Monday-Friday
8:30 a.m.-5 p.m.
Marriage License Division
Monday-Friday
8:30 a.m.-4:30 p.m.
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