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Detailed Answer

Disclaimer: This article is for educational purposes only and does not provide legal advice.

In South Carolina, county probate courts maintain estate files containing wills, petitions, inventories, accounts and related documents. Under South Carolina law, most probate records are open to inspection by the public, subject to confidentiality rules in SC Code § 62-1-502 and the South Carolina Freedom of Information Act, SC Code § 30-4-30 et seq. (https://www.scstatehouse.gov/code/title30.php).

To request estate files from a county probate division, gather the following information and documents before contacting the court:

1. Decedent’s Full Name and Date of Death
   Provide the complete legal name and the date the person died. Accurate spelling ensures the clerk locates the correct file.
2. Probate File Number (if known)
   If you know the estate or file number assigned by the court, include it. This speeds up retrieval.
3. County of Venue
   Identify the county where probate was opened. Estate matters are filed in the county where the decedent was domiciled at death. If uncertain, check online court records or call the probate clerk’s office.
4. Your Relationship or Interest
   State your connection to the estate (e.g., beneficiary, heir, creditor, researcher or member of the public). Some documents require proof of interest or identity, such as a government-issued photo ID or a signed request form.
5. Specific Documents Requested
   List the documents you need (e.g., will, letters of administration, inventories, final accounting). If requesting copies, indicate original or certified copy.
6. Purpose of Request
   Briefly explain why you need the records (probate administration, title search, genealogy, legal research). Certain records, such as sealed guardianship files, may require court order for release.
7. Contact Information
   Provide your full name, mailing address, phone number and email. This allows the clerk’s office to notify you of fees or to clarify your request.
8. Payment Method for Fees
   Courts charge nominal fees for copies and certification. Check the county probate website for the fee schedule and acceptable payment methods (cash, check or credit card).

Once you have this information, choose your delivery method:

• In Person: Visit the county probate clerk’s office during business hours. Present your ID and completed request form (if required).
• Mail: Send a written request with all details, a copy of your photo ID, payment or payment authorization, and a self-addressed stamped envelope for return of records or bills.
• Online: Some counties offer online record searches and digital copy requests through their court records portal.

If the court determines that your request involves confidential or sealed files, you may need to petition the court for access under SC Code § 62-1-502 (https://www.scstatehouse.gov/code/title62.php). When your request is processed, the probate clerk will inform you of the total fees and expected completion time.

Helpful Hints

• Verify county office hours and holiday closures before visiting.
• Check the county probate court’s website for downloadable request forms.
• Keep copies of all correspondence and payment receipts.
• If the file is closed or sealed, consult an attorney about filing a motion to unseal records.
• Use precise legal names; nicknames or partial names can delay your request.
• Consider ordering certified copies for official or banking purposes.
• Stay courteous and patient—clerks often handle many requests daily.