Probate Court

Department Functions

To provide services (i.e. probating estates, resolving disputes in estates and trusts, handling involuntary commitments for chemical dependency and/or mental illness, obtaining marriage licenses, appointing and supervising guardians and conservators, and approving minor and wrongful death settlements), to the public ever mindful of the sensitive nature of the service provided and the emotional state of the client. Probate court includes the Divisions of Estate, Commitment and Marriage and handles probate estates, commitment hearings, and the issuance or copies of marriage licenses. The office does not write wills or hear criminal cases.

Additional Information

For information on decedents estates, probate forms, guardians, conservators and involuntary commitments, please visit the Georgetown County Probate Court State Website.

What you don’t know (but should) about Georgetown County Probate Court

By Judge Leigh Powers Boan - from the October 2023 County Newsletter

Probate Court is a very special place and its value to the community is often misunderstood.  There is great intricacy to the matters before this Court which operates within the South Carolina Judicial System. Further adding to its complexity is the many governmental and non-governmental offices and agencies that routinely intersect with the Probate Court. 

The goal of this article is to inform you about the activities of Probate Court. The challenge in presenting the many and varied activities of the Probate Court is balancing the level of detail that accurately reflects the work of this office, but also keeps the reader engaged. This article includes a short look at the subject matters assigned to South Carolina Probate Courts, which are defined by S.C. Law.

This office is divided by four broad categories that are generally defined as follows: Estate Division, Protective Court Division, Therapeutic Court Division and Marriage License Division. Set forth below is a more detailed look at these divisions and the activities within the jurisdiction granted to Probate Courts.

The Estate Division addresses matters coming before the Court related to the estate of a deceased person. This includes the probate of wills, any challenges to a will, and the interpretation of a will. It also includes the oversight of any administration of an estate including the appointment of a personal representative and the transfer of the assets. The following issues are routinely before the Court: What property belongs in an estate, who the heirs and/or successors of the property should be pursuant to the will and intestacy laws.

This area of the Court provides for both an informal process and a formal process. The informal process is routinely used when there is not a dispute. The formal process requires a Summons and Petition as seen in litigation used in other Courts. 

Within the Protective Court Division are matters related to guardianships, conservatorships and trusts. A Guardian can be appointed for an adult who is not able to make decisions on their own (i.e., where they will live, what medical treatments they will receive, who will take care of them, etc.) due to some form of incapacity. Similarly, a Conservator is appointed to make decisions about their assets. Conservatorships are also appointed for minors who will receive assets totaling more than $15,000 annually.

The Court determines who is appropriate to serve as Guardian and/or Conservator, the level of incapacity for an adult, any limits/restrictions to the constitutional rights being removed from an incapacitated adult and what rights are vested with the appointed fiduciary. Interpretations, application, validity and abuse of a Power of Attorney can also be at issue in this Division of the Court.

These matters often span the lifetime of an individual and remain subject to Court oversight. The Court reviews the collection and management of assets subject to the Conservatorship including any anticipated expenditures for the duration of the appointment. Formal litigation regarding trust falls within this division and includes the dissolution of a trust, appointment of a successor trustee, interpretation and enforcement of a trust.

Involuntary commitments for mental illness, intellectual disability, substance abuse and tuberculosis patients are assigned to the Therapeutic Court Division. If a person is a danger to themselves or others and is in need of treatment, the Probate Court can order them to inpatient and/or outpatient treatment. 

The Marriage License Division is tasked with the obvious.  Specifically, this Division oversees the application for a marriage license, the issuance of the license and the recording of the certified marriage record. 

Other miscellaneous matters that routinely come before the Probate Court are: Approval of wrongful death and/or survival settlements; approval of settlements involving minors under $25,000; determinations necessary for gifts made pursuant to the S.C. Uniform Gifts to Minors Act; actions to sell or partition real estate in connection with an estate, trust, guardianship and conservatorship action pending before it; actions to determine paternity, common-law marriage, and interpretation of marital agreements in connection with an estate, trust, guardianship, and conservatorship action pending before it.

Additional understanding about the reach and impact of this Office can be seen when considering the number of governmental and non-governmental offices that routinely intersect with Probate Court. Probate records are used to help establish ownership of property and the authority to act on behalf of another or their estate. The Register of Deeds office, Auditor’s office, Treasurer’s office, Realtors and others involved with land transactions are all impacted by this information.

The transfer of other property including titled assets, financial assets, and businesses (LLC interest, etc.) intersect with the Department of Motor Vehicles (i.e., automobiles, mobile homes, etc.), Department of Natural Resources (i.e., boats, motors, etc.) and financial institutions (i.e. access to safe deposit boxes, accounts, etc.). Decisions concerning cremation and funeral arrangements can create an intersection between Probate Court, the Coroner’s office and funeral homes. The Therapeutic Division requires coordinated efforts between the Sherriff’s Office, Detention Center, local hospitals, local mental health centers, local Alcohol and Drug Abuse Commission, private treatment providers, State Department of Mental Health, State Department of Special Needs and Services, Department of Social Services, Solicitor’s Office and various private/non-profit businesses offering services to these individuals. 

The bonding or other suitable security requirements necessary for appointment of a person acting in a fiduciary capacity, create an intersection with insurance companies, banks and in some cases the Register of Deeds (where a mortgage in lieu of bond is used). Additionally, this Court intersects with other Courts in and outside of this jurisdiction.

This Court must stay up-to date with not only the matters impacting Probate Court, but also the other businesses/agencies it intersects with. We are often expected to guide the public through some of the most difficult challenges they will face in life.  We provide information to these individuals but we do not provide legal advice. As a public office, we try to be helpful while ensuring our responsibilities as a Court are kept.

I hope this article has been helpful to you.