Probate Court has original jurisdiction over actions concerning the issuance of marriage licenses, the estate of a deceased person, the will of an individual, the estate of a minor or incapacitated person, trusts, and involuntary commitments. Most probate matters are handled without a jury trial, but Probate Court does have the authority to conduct a jury trial in certain situations.
If there is a Will, this must be filed with the Court within thirty (30) days from the date of death.
The majority of estates will come under the informal procedures. There are no Notices required or Hearings unless demanded by an interested party pursuant to South Carolina Code of Laws, § 62-3-204.
In the State of South Carolina, a guardianship involves the appointment of an individual (a guardian) to handle personal and custodial matters for an incapacitated person (ward). The incapacity may be mental deficiency, mental illness, physical illness or disability, advanced age, chronic use of alcohol or drugs, or other cause (except minority) to the extent the individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or property. The primary responsibilities of a guardian are to decide where the ward will live and make provisions for the ward's care, comfort and maintenance, including medical and health care decisions.
If you know someone who is mentally ill, an alcoholic or drug addict who has lost the power of self control and because of his condition is likely to harm himself or others you must first contact Waccamaw Center for Mental Health for an assessment prior to coming to Probate Court.
Both applicants, the groom and bride, must bring their social security card with them in order to make an application in person for a marriage license.
To the full extent permitted by the Constitution, the Probate Court has exclusive original jurisdiction over all subject matter related to the issuance of marriage licenses; record, index, and dispose of copies of marriage certificates; and issue certified copies of the license and certificates.
- (843) 915-5370
- (843) 915-6370
- Mailing Address
- P.O. Box 288
- Conway, SC 29528
- Physical Address
- 1301 Second Avenue
- Conway, SC 29526
- Office Hours