Detailed Answer
In South Carolina, every probate estate begins when someone files a petition in the Circuit Court of the county where the decedent last lived or owned real property. To determine if a probate estate has been opened, follow these steps:
- Identify the proper county. South Carolina law requires probate in the county of the decedent’s last residence or where real property is located (SC Code Ann. §62-1-103). Knowing the correct county narrows your search.
- Search online case records. Many county Clerk of Court offices post probate dockets on their websites. Visit the specific county’s Clerk of Court page or consult the South Carolina Judicial Department at sccourts.org for links to local case searches.
- Use the Statewide eFiling system. Some counties participate in the statewide e-filing portal at efile.sccourts.org. You can search by the decedent’s name to locate petitions and case numbers.
- Contact the Clerk of Court’s office directly. If online records are unavailable, call or visit the clerk’s office in person. Provide the decedent’s full legal name and date of death to help staff locate any probate filings.
- Review public access statutes. South Carolina law makes probate records publicly accessible once filed (SC Code Ann. §62-3-503). This means you may inspect dockets, petitions, wills, inventories, and final accounts unless the court orders a record sealed.
If you locate a probate case, note the case number and filing date. You may then request certified copies of petitions or other documents for further review.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Gather the decedent’s full legal name, date of death, and last known address before searching.
- Try alternative name spellings or initials if initial searches come up empty.
- Note any case or docket numbers for follow-up requests or to order certified documents.
- Be aware that some estate records may be sealed by court order; ask the clerk if you encounter restricted files.
- Inquire about any filing fees required for certified copies or extensive record searches.