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About Us
The Probate Court has jurisdiction over marriage licenses, estates of deceased persons, guardianships of incapacitated adults, conservatorships of the estates of minors and incapacitated persons, minor’s settlements under $25,000 and involuntary commitments of mentally ill and/or chemically dependent persons.

Frequently Asked Questions
Q. Where is the Colleton County Probate Court?
A. Probate Court is located at 188 N. Walter Street in Walterboro, SC.  It is in the Colleton County Courthouse Annex (the former Wachovia Bank) that is located at the corner of Washington and Walter Streets across from the Courthouse.

Q. What are their office hours?
A. The office is open from 8:00 a.m. until 5:00 on weekdays.

Q. What is the Probate Court's mailing address?
A. Post Office Box 1036, Walterboro, SC 29488

Q. How can I contact this office?
A. Telephone: (843) 549-7216; Fax: (843) 549-5571

Q. Are Probate records available for the public to review?
A. All of the court’s records are public except the ones dealing with the commitment of persons who have a mental illness or are chemically addicted.

Q. Am I supposed to do anything if I have the original Will of someone who died?
A. Yes, you are supposed to deliver it to the Probate Court of the county in which that person last resided within 30 days after the person died or 30 days after you learned that the person died.  It is a crime not to do so.

Q. Will the Probate Court have me arrested if I deliver a Will more than 30 days after the person who made it died?
A. No, UNLESS the court ordered you to file it by a certain day and you didn’t do it.

Q. What does the Probate Court have to do with Wills?  The Will leaves everything to me.
A. You must go through the process necessary to “probate”, or prove, to the Court that the Will is valid if the decedent left a Will.  Regardless of whether the decedent left a Will or not, you must ask the Court to appoint you the Personal Representative of the decedent’s estate, seek out the decedent’s assets, take possession of those probate assets that you deem it necessary to possess, provide the Court with an inventory of the assets together with an estimate of their values, determine the decedent’s last debts (taxes included), pay them, distribute the probate assets to those persons who are entitled to them, and prove that you have done so to the Court’s satisfaction.

Q. What is this process called?
A. It is referred to as administering an estate.  Many people refer to it as probating an estate, but administering is the correct term.

Q. Why do I have to ask the Probate Court to appoint me?  I thought the Will did that.
A. No, the Will only nominates you.  You are free to accept or reject the nomination.  You must submit the form saying that you accept the nomination and promise to do the job properly if you want the Court to appoint you.

Q. How long does it take to administer an estate?
A. A regular estate will take at least eight months because that is the period of time that an estate must stay open to receive creditors’ claims under SC law.  You should probably allow for at least a year for a nontaxable and uncontested estate to close.  A small estate can be administered within 1 to 2 weeks, but it cannot be filed until 30 days after the decedent’s date of death and the person in charge is potentially liable to the heirs, devisees and creditors for one year if (s)he mismanaged the estate.

Q. What is the difference between a regular estate and a small estate?
A. If the decedent owned real estate or had other assets valued at more than $10,000, then regular estate administration is required.  If the decedent owned no real estate and other assets valued at less than $10,000, then small estate administration is possible.

Q. What if the decedent just owned a motor vehicle and left no Will?
A. If the motor vehicle is paid for, then the decedent’s heirs can get a form called an Affidavit of Inheritance (Form 4036) from the Department of Motor Vehicles and sign it over to whomever they wish.

Q. Does the State of South Carolina get the property if a decedent leaves no Will?
A. No.  If one dies without a Will, the laws of intestate succession (that is, inheritance) determine which family members inherit the property and in what proportions.  See Article 2 of Title 62 of the 1976 Code of Laws of South Carolina, as amended, that begins with Section 62-2-101.

Q. How much does it cost for me to be appointed?
A. The minimum commission that your must pay for a regular estate must pay is $25.00.  So we charge that plus the cost of publishing the Notice to Creditors in either The Press and Standard ($25.00) or The Dispatch ($22.00).  If you want to publish in The Press and Standard, we’ll charge a total of $50.00 to open the estate; if you want to publish in The Dispatch, we’ll charge a total of $47.00 to open the estate.

Q. How much does a small estate cost?
A. If the small estate is valued at less than $100, then the commissions are $12.50.  If the small estate is valued at more than $100, but less than $5,000, the commissions are $25.00.  If the small estate is valued at more than $5,000, but less than $10,000, the commissions are $45.00.  We must also charge $5.00 for each certified copy of the small estate order that we issue.

Q. Do I have to publish the decedent’s death in the newspapers?
A. No, the court will see to that for you after you are appointed.

Q. Does a small estate have to publish the decedent’s death in the newspaper?
A. No, but this doesn’t mean that you don’t have to use the assets to pay the last debts.

Q. What other fees might the court charge?
A. The court will compute the total commissions due to it after you file the Inventory and Appraisement of the decedent’s assets, subtract the tentative commissions that you paid, and bill you for the difference.  The commissions are based upon the value of the probate assets of the estate.  Please refer the Fee Schedule to see what other charges the court may make under state law.

Q. Do life insurance policies that a payable to a beneficiary have to go through administration?
A. Life insurance policies that are payable to a beneficiary must be reported on the Inventory and Appraisement, but are not used when calculating the court commissions.  The beneficiary of the policy and the insurance company or agency providing the benefits should deal with the transfer of the proceeds of that policy.

Q. I was told that I have to get a piece of paper saying that I am in charge of an estate.  What is that and how do I get it?
A.That is a Certificate of Appointment (for a regular estate).  It is the Court’s certification that it has appointed you the Personal Representative of an estate.  The court issues three of these to you or your attorney when it appoints you.  The Court will issue additional copies for $1.00 each as long as you are still the Personal Representative.

Q. What estate planning documents should I have?
A. Everyone should consider making a Last Will and Testament, a Durable Power of Attorney, a Health Care Power of Attorney, and a Declaration of a Desire for a Natural Death (or a “Living Will”).

Q. What are the requirements for having a Will?
A. You must 18 years or older to make a Will and of sound mind to make a Will; you must sign it; it must be properly witnessed by two witnesses who are also 18 years or older and of sound mind and who are not beneficiaries under the Will; it does not have to be notarized.

Q. Can I make my own Will?
A. It is unwise and potentially dangerous to do so.  We have had a number of estates where homemade wills led to lawsuits between family members.  You should consult a lawyer.

Q. I know someone who’s not a lawyer who makes Wills for people.  Should I ask this person?
A. No.  This person may be engaging in the unauthorized practice of law and could be punished by our Supreme Court for doing this.  And the Wills should such persons draw up are usually no better than homemade Wills.  You should consult a lawyer.

Q. Can the Probate Court prepare a Will or a Power of Attorney for me?
A. No, the court is not allowed to do this.

Q. I just had a Will drawn up.  Can I file it in the Probate Court?
A. No, we don’t accept Wills for filing until the person is deceased.

Q. Where can I get a copy of deed?
A. Deeds, mortgages, plats and other such documents are recorded in the office of the Register of Deeds.  This office used to be part of our Clerk of Court’s office until just a short time ago.  The ROD office is located in the bottom of the J. P. Harrelson Building.

Q. Is the Probate Court the same as the Probation Office?
A. No.  The Department of Probation, Parole and Pardon Services is an agency of the State of South Carolina.  Look for the telephone number (843-549-5333) of its local office under South Carolina, not Colleton.

Q. Does the Probate Court issue marriage licenses?
A. Yes, the court takes marriage license applications between 8:00 a.m. and 4:30 p.m.

Q. How much does a marriage license cost?
A. It varies from county to county.  The Probate Court of Colleton County charges $40.00 of which $20.00 must be paid to the State to help fund domestic violence programs.

Q. Can I apply for a marriage license without my fiancé/fiancée?
A.The parties (the prospective bride and groom) must apply in person and together.  They must examine the application and then swear,  under oath, that the information is correct.

Q. My divorce hearing was last week, but the judge hasn’t signed the Decree of Divorce yet.  Can I apply for a marriage license?
A. No.  When you apply for a marriage license you must swear, under oath, that you are not married.  You are still married until the judge signs the Decree of Divorce and it is recorded in the office of the Clerk of Court.  And if you deliberately swear, under oath, to something you know is not true, that is a crime in this state.

Q. We didn’t know about the 24-hour waiting period and applied for our marriage license on Friday afternoon.  Can we get married Saturday, pick up the license when the Court issues it on Monday, and then carry it to the minister so he can sign saying he already married us?
A. No.  First, it is a crime for anyone to perform a marriage ceremony in this state until the bride and groom have given him/her all three copies of a South Carolina marriage license issued to them.  Second, two of those copies must be returned to the Probate Court that issued the license for recording and the court will not record them if the copies show that you were married before the license was issued. 

Q. Someone told me that we have to show our Social Security cards when we apply for a marriage license.  Is that correct?
A. Yes.  The legislature passed a law a few years ago requiring that everyone who applies for a marriage license must show either (a) their Social Security cards or some other document that confirms their Social Security numbers or (b) their Alien Identification Numbers when they apply for a marriage license.
 
Q. What else do we need to apply for a marriage license?
A. You must show proof of age and identity.  If you’re over 21, we’ll take your driver’s license, state identification card, military identification card, etc., as proof.  If you’re under 21, we also want to see your birth certificate.

Q. If I can’t find my original birth certificate, will you take a photocopy?
A. No, others have tried to submit photocopies that have been altered.  It is harder to alter an original.

Q. I’m seventeen years old.  Can I apply for a marriage license without my parents’ consent?
A. Applicants between the ages of 16 and 18 years must have the consent of a custodial parent to apply for a marriage license.  That custodial parent must come with you when you apply, show proof of identify, and sign the application with you.

Q. I thought you could get married at 14 years of age with parental consent.  Is that not true any more?
A. No, the legislature passed a law a few years ago that begins with “Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void….”

Q. Does the Probate Court issue birth or death certificates?
A. No, the Bureau of Vital Statistics at the Health Department does that.

Q. I’m researching my family history.  Do you have marriage licenses from the 1800’s?
A. No, the State of South Carolina did not require marriage licenses until July 1, 1911.