THE PUBLICATION FEE FOR publication

WILL INCREASE TO $81.00 EFFECTIVE JANUARY 1, 2025

SC PROBATE SEARCH

***IMPORTANT INFORMATION***

OUR OFFICE WILL BE CLOSED DECEMBER 24TH - DECEMBER 26TH FOR CHRISTMAS AND JANUARY 1ST FOR NEW YEARS DAY.

Chester County Probate Court requires an appointment for ALL Estate matters.

Please limit your party to two (2) per appointment.

** NO Appointment needed to apply for Marriage Licenses;

however, both parties are required to be present**

Probate Court

The Probate Court has jurisdiction over the probate of estates, issuing marriage licenses and marriage certificates, appointing and supervising guardians and conservators, approving minor and wrongful death settlements, and issuing Orders of Detention for alcohol/drug abuse and/or mental illness. The Probate Court is under the supervision of the SC Court Administration.

Please visit our website at https://www.chestercountysc.gov/court/probate-court to search records dating back to the late 1780’s.

ESTATE INFORMATION

To open a full estate (for assets including real estate) -> Estate Opening Packet
To open a small estate (for assets less than $25,000.00 AND NO real estate) -> Small Estate Packet
To file a Will Only (NO assets) -> Will Only Packet

GUARDIANSHIP/CONSERVATORSHIP ACTION

To file a Guardianship action, please complete the packet in this link -> Guardianship Packet
To file a Conservatorship action, please complete the packet in this link -> Conservatorship Packet
To file a Dual Action for Appointment of Guardian and Conservator, please complete the packet in this link -> Dual Action Packet
To file a Minor Conservatorship, please click this link -> Minor Conservatorship

***Please Note- Guardianships for Minors are filed in Family Court***

CONTACT INFORMATION

Location: 1476 J.A. Cochran Bypass, Chester, SC 29706
Mailing Address: PO Box 580, Chester SC, 29706
Phone: (803) 385-2604
Fax: (855) 932-9283
Hours: 8:30 AM to 5:00 PM, Monday - Friday

In-Person Marriage License applications are processed Monday - Friday 8:30 am - 4:00 pm.

General Information:

Probate

***appointments are required for all estate matters***

Probate is the process of transferring property of a deceased person into the names of the heirs or devisees. Probate takes a minimum of nine months to complete. State law requires that a will be filed for probate within 30 days from the date of death. If there is no will, the heirs are determined by state law.

Guardians and Conservators

In South Carolina a Guardian handles personal and custodial matters for an incapacitated adult. The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs or alcohol, or other causes, except minority. A Guardian must decide where the person will live and make provisions for his/her care, comfort and maintenance, including mental and health care decisions. A court appointed Guardian must make yearly reports to the Probate Court regarding the condition of their ward. Guardians for minors are designated by the Family Court.

A Conservator manages financial affairs or property for an incapacitated adult or for a minor. The Conservator must manage and protect the property, and report periodically to the court about the assets, receipts and disbursements of the estate. No expenditures can occur without written Court order. If you are appointed conservator by the Court, it will be your responsibility to dutifully handle the financial situation of the protected person as stipulated by the Court. Conservators are required by law to file an accounting each year with the Probate Court.

If bond is required, it will insure that the conservator carries out his duties faithfully and appropriately. However, the requirement for bond can be waived. The bond is based on the total value of the protected person's personal property (excluding real estate), plus estimated income.

**Please Note- Guardianship proceedings for minors (under the age 18) are filed with Family Court.

involuntary commitments and Orders of Detention

Involuntary commitment proceedings must be initiated through Catawba Mental Health Center (803-581-8311), Hazel Pittman Center (803-377-8111), or after-hours through the Mobile Crisis line (833-364-2274).

You can now utilize suicide prevention by contacting the Suicide and Crisis Lifeline- by dialing 988.

The Probate Court has the authority to issue an Order of Detention. An Order of Detention is issued so that the police can transport a person to be examined for possible commitment for alcohol/drug abuse/or mental illness. The Probate Court DOES NOT commit anyone to an institution.

Genealogy

People from all over the country come to Chester County to research their family history. Prior to that time, Chester County was part of Craven District. It is our understanding that the records for Craven District are in Kershaw County or the SC Department of Archives and History in Columbia, SC. We do not have the staff to do research; however, our estate records have been digitally recorded. Please visit our website at https://www.chestercountysc.gov/court/probate-court to search records dating back to the late 1780’s. Our office charges fifty cents ($.50) per page for copies made on site.

Marriage Records for Chester County begin in 1911.

MARRIAGE LICENSE INFORMATION

Our office DOES NOT require an appointment for Marriage License Applications; however, IN- PERSON applications are ONLY processed Monday - Friday, 8:30 am - 4:00pm.

***Please note - The Chester County Probate Court does not perform wedding ceremonies.*** 

General Information Regarding Marriage Licenses in South Carolina:

State law requires that anyone applying for a marriage license must have legal identification and a Social Security card. Applicants under the age of 18 must have parent's consent; however, no one under the age of 16 can apply for a marriage license.

There is a mandatory twenty-four hour waiting period from the time you apply until the license can be issued. The license can only be used in South Carolina. After the ceremony, the license is returned to our office.

There is a filing fee of $5.00 (CASH OR CREDIT CARD ONLY) for each Marriage Certificate requested. A Marriage Certificate is a certified copy of the license issued by the Court after marriage.

In order to apply for a Marriage License in Chester County, both parties must apply in-person.

IN-PERSON APPLICATIONS ONLY

All Applicants must present the following documentation:

• Current Government issued Driver’s License/Identification Card OR Current military identification card;

• Social Security Card; and

• Filing fee of $45.00 (CASH OR CREDIT CARD ONLY)

Please contact 803-385-2604 for further information.

PETITION TO DETERMINE HEIRS

If more than ten (10) years have passed since the decedents' death, the Court is required by state law to hold a hearing to determine who the heirs of the decedent were at the time of their death.

A Formal Petition is required for this process. It is strongly advised to seek legal counsel in filing this action.

Supporting Documents include:

Birth certificates

Death certificates

Marriage licenses

Orders from divorce proceedings

Adoption records

Termination of Parental Rights

Once the Summons and Petition is filed with the Court, filed copies must then be personally served on all of the heirs. Proof of this personal service is required to be filed with the Court. The heirs are then allowed thirty (30) days to Answer this Petition. A publication is also required by state law to allow any other potential heirs to come forward and attend this hearing.

At the hearing, the testimony to establish the heirs will be taken. A disinterested party is required to testify to support the family members.

The filing fee of $150.00 is required for this hearing.

Again, this process is very complicated. The services of a Probate lawyer are highly recommended.

Apply for EIN (Estate Identification Number)
SC Criminal Background Check
NAMI SC

988 Suicide and Crisis Lifeline

SC Bar Referral Service