Charleston Probate Records and Court Filings
Charleston is one of the oldest cities in the United States, founded in 1670, and its probate records stretch back nearly to that founding year. The Charleston County Probate Court handles estate administration, will probate, marriage licenses, guardianships, conservatorships, and involuntary mental health commitments for all residents of Charleston and the surrounding county. The court opens roughly 2,200 new estates each year and issues approximately 5,000 marriage licenses annually, making it one of the busiest probate courts in South Carolina.
Charleston Quick Facts
Charleston County Probate Court Location and Contact
All probate matters for Charleston residents are handled at the Charleston County Probate Court. The court is located in downtown Charleston and serves the entire county. Below is the court's contact information.
| Court | Charleston County Probate Court |
|---|---|
| Address | 100 Broad Street, Suite 469 Charleston, SC 29401 |
| Phone | (843) 958-5180 |
| Website | charlestoncounty.org/departments/probate |
The Charleston County Probate Court operates under South Carolina's Title 62 Probate Code, which governs all aspects of estate administration, guardianship, and related proceedings across the state. The probate judge is elected countywide to a four-year term.
Types of Probate Records Filed in Charleston
Charleston probate court records cover a wide range of legal proceedings. Understanding which record type you need helps you locate the correct filing in the court's index. The Charleston County Probate Court maintains separate dockets for each type of proceeding.
Estate records are the most commonly searched probate records in Charleston. When a Charleston resident dies, the executor or administrator opens an estate by filing with the probate court. The file typically contains the original will, the petition for probate, an inventory of assets, creditor claims, and the final accounting that closes the estate. Charleston estate records dating back centuries make the court one of the most historically significant probate repositories in the United States.
Marriage license records are another major category of Charleston probate records. The probate court issues all marriage licenses in South Carolina. In Charleston, the court issues roughly 5,000 marriage licenses per year. The license fee is $46, and applicants must observe a 24-hour waiting period after applying before the license is issued. Both parties must appear in person with valid identification.
Guardianship and conservatorship records are filed when an adult becomes incapacitated and can no longer manage personal or financial affairs. A guardian manages personal decisions while a conservator oversees finances. Charleston probate records for these cases include the petition, physician's report, the court order, and annual accountings filed by the appointed guardian or conservator.
Minor settlement records appear in the Charleston probate court when a minor receives more than $10,000 from a personal injury case, wrongful death claim, or inheritance. The court reviews and approves the settlement to protect the minor's interests, and the funds are typically held until the minor reaches adulthood. These records are part of the public Charleston probate court file.
Involuntary commitment records are filed when a family member or physician petitions the court to have a person evaluated and potentially committed for mental health treatment or chemical dependency. These Charleston probate records are more restricted in public access than estate or marriage records but follow the same filing process through the probate court.
The South Carolina Probate Code (Title 62) sets out all of the procedural rules that govern every type of Charleston probate court record. Reviewing Title 62 helps applicants understand what the court requires at each stage of a proceeding.
Historical Charleston Probate Records
Charleston's probate records are among the oldest in North America. The South Carolina Judicial Branch's public portal at sccourts.org provides online case lookup for modern probate filings. However, historical Charleston probate records dating from 1671 to 1871 are preserved at the SC Room of the Charleston County Main Library, which serves as a major repository for genealogical and historical research.
The South Carolina State Library describes the scope of Charleston's early probate collection as spanning wills, inventories, and estate accounts that document nearly 200 years of colonial and antebellum life. Researchers looking for colonial-era wills and estate inventories should visit the South Carolina State Library resources page, which points to collections held at the state archives and county repositories. For records after 1871, the Charleston County Probate Court maintains the original files and indexes.
The SC Judicial Branch maintains a public index that covers Charleston probate court records in the modern era. You can search by party name, case number, or record type at sccourts.org. The public index shows case status, filing dates, and party names at no cost. Obtaining copies of actual documents requires contacting the probate court directly or visiting in person.
The City of Charleston was founded in 1670, and the richness of its probate records reflects that long history. Genealogists frequently come to Charleston to trace family lineages through estate inventories, will abstracts, and guardianship petitions that predate almost any other American city's records.
The SC Judicial Branch's public index is an important starting point for finding modern Charleston probate court records. The image below is sourced from the SC Judicial Branch website, which hosts the statewide online case search system used to look up Charleston probate filings.
Searching the SC Judicial Branch public index by name or case number returns current case status and basic filing information for Charleston probate matters, with no fee required to view the index results.
How to Search Charleston Probate Records Online
The SC Judicial Branch Public Index at sccourts.org is the primary tool for searching Charleston probate court records without visiting the courthouse. The system is free to use and covers all South Carolina counties including Charleston. To search, enter the last name of the deceased or the party involved in the probate proceeding. You can narrow results by date range or case type.
The online index shows party names, filing dates, case numbers, and case status for Charleston probate records. It does not provide copies of the actual documents. To get copies of wills, inventories, orders, or other Charleston probate records, you must contact the Charleston County Probate Court at (843) 958-5180 or visit the court at 100 Broad Street, Suite 469. Staff can pull original files and provide copies for a per-page fee.
For historical Charleston probate records predating the online index, the best approach is to contact the South Carolina Department of Archives and History or visit the SC Room at the Charleston County Library. Wills from 1671 to 1871 are available in bound abstracts and microfilm that have been indexed by surname, making genealogical research into Charleston estate records relatively accessible.
The Charleston County Probate Court website at charlestoncounty.org is the official source for court forms, fee schedules, and procedural guides. The image below links to the Charleston County Probate Court department page, where you can find current information on filing requirements and court hours.
The Charleston County Probate Court department page includes downloadable forms for common filings, a fee schedule, and information about the marriage license application process for Charleston residents.
Marriage Licenses Through the Charleston Probate Court
In South Carolina, the probate court in each county issues all marriage licenses. Charleston residents apply for a marriage license at the Charleston County Probate Court, located at 100 Broad Street. The marriage license fee in Charleston is $46. After the application is submitted, there is a mandatory 24-hour waiting period before the license is issued. Both applicants must appear in person and bring valid government-issued photo identification.
The Charleston County Probate Court issues approximately 5,000 marriage licenses per year, reflecting Charleston's status as both a major population center and one of the most popular wedding destinations on the East Coast. Marriage license records filed through the Charleston probate court become part of the permanent public record and can be retrieved by name through the court's index.
Once a marriage license is issued and the ceremony performed, the officiant returns the completed license to the Charleston County Probate Court. The license is then recorded and becomes a permanent Charleston probate court record. Couples needing a certified copy of their marriage license contact the Charleston County Probate Court directly.
The South Carolina State Library maintains access to historical Charleston probate records, including will abstracts and estate documents dating back to 1671. The image below comes from the South Carolina State Library, which coordinates access to historical records held at county repositories and the state archives.
The South Carolina State Library's online guides direct researchers to microfilm collections, digitized abstracts, and finding aids that cover Charleston probate records from the colonial era through the late nineteenth century.
Charleston County Probate Court Records
Charleston is located in Charleston County, and all probate matters for Charleston residents are handled through the Charleston County Probate Court. The county court processes estate filings, issues marriage licenses, oversees guardianships and conservatorships, and handles involuntary commitment petitions for the entire county. The court's records go back to 1671, making Charleston County one of the longest-running probate jurisdictions in the country.
Nearby South Carolina Cities
Probate matters for residents of nearby cities are handled by the probate court in each city's respective county. Select a city below to learn about probate court records in that area.