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. 

Clerk of Court:                                                          

Clerk of Court--Family Court Records Division

Box 8002, Anderson, SC, 29622-8002

864-260-4053, fax 864-260-4715

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

Note:

1791-1834 (vol. I) & 1840-1867 (vol. II) Anderson County Will Ledger images are available for viewing at the Anderson County Probate Court. 

1840-1853 (vol. I) & 1863-1867 (vol. II)  Anderson County Will Ledger images are available for on-line  viewing at the Church of LDS/Family Search website.