Wills & Probate Court Records Compiled by: Paul M. Kankula NN8NN (non-copyrighted)

09 Jan 2015

Church of LDS SC Probate Court Records

Cyndi's List - Wills & Probate

Court Record Notes:

• Prior to 1769, proprietary and crown courts were convened at Charleston. These were known as the General Court and the Grand Council.

• 1769-1772 a circuit court system was begun. Judicial district began to keep records for some courts, although records were still filed in Charleston. After 1780 the records were kept in the various courthouses.

• 1671-1790's Court of Chancery handled land and inheritance matters for the entire colony.

• 1703-Present Court of Common Pleas was a statewide court until 1790 when each district established a separate court with jurisdiction over guardianship and civil matters.

• 1769-Present Circuit courts have had district or countywide jurisdiction in criminal cases and some civil cases.

• 1769-1776 Court of General Sessions was a statewide court until 1790, when each district established a separate court. These courts had jurisdiction over criminal cases.

• 1785-1798 County courts had jurisdiction over minor civil and criminal matters.

• 1791-1900 Courts of equity had countywide jurisdiction over property matters.

• Probate records of SC were kept by the secretary of the providence prior to 1732, and were later kept by the courts of ordinary and probate courts of each county.

• Each county of South Carolina has a popularly elected Clerk of Court who serves a four-year term.  The Clerk of Court serves both the Circuit and Family Court as they operate in each county.  The Clerks of Court are charged with docket management; receiving fees, fines, and costs; maintaining all court records; and handling reporting requirements.  In the Circuit Court, their duties encompass both civil and criminal areas: receiving criminal warrants and forwarding them to the Solicitor; receiving bail; assembling trial lists; handling jury-related matters; performing courtroom duties.

• Probate court has exclusive original jurisdiction over all matters pertaining to Estates of decedents; protection of minors and incapacitated adults; Trusts; issuance of marriage licenses, involuntary commitment for mental illness, alcoholism, drug addiction, and active pulmonary tuberculosis; and wrongful death and survival action settlements. 

Probate Court:

http://www.andersoncountysc.org/

2nd floor of the New Courthouse

Box 8002, Anderson, SC 29622-8002

864-260-4049 , fax 864-260-4811

Brandi Harbin, [email protected]

Deputy Judge

Clerk of Court:

415 S. Pine St., Walhalla, SC 29691

864-638-4280

Probate Court:

http://www.oconeesc.com

211 W. Main St., Walhalla, SC 29691

864-638-4275, fax 864-638-4277

Courthouse holds wills and estate records from 1828. For earlier records (Pendleton County/District 1798- ), you may need to search in Anderson County and/or the South Carolina Archives.

Clerk of Court:

214 East Main Street, A100
Box 215, Pickens, SC 29671
864-898-5862, fax 864-898-5863

Probate Court:
http://www.co.pickens.sc.us

222 McDaniel Avenue, B-16, Pickens, SC 29671
864-898-5903, fax 864-898-5924