Probate Court

Serving Anderson County Citizens

Probate Court’s mission is to serve the citizens of Anderson County in a professional, proficient, and courteous manner with their needs in the areas of the Probate Court.

Functions and Responsibilities

The Anderson County Probate Court handles 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.

Probate Court Services

Estates

In the event of a death, bring both the will and death certificate of the person who has passed away to the Probate Court within thirty days of death. If NO will exists, the closest relative should come in person with the death certificate to open the estate. Must file original documents, copied/faxed documents cannot be accepted.

Guardianship and Conservatorship

If an adult is “incapacitated” as a result of mental and/or physical impairment and unable to make decisions for their health and welfare. In that case, a Guardian may be appointed to make such decisions for them. If they are unable to make financial decisions or manage their financial affairs, a Conservator may be appointed to handle their finances. The appropriate Petitions are available through Forms & Documents section of the SC Judicial website or in our office. After receiving the necessary medical and visitor reports, a Guardian Ad Litem will be appointed to represent the alleged incapacitated person. A hearing will be held to determine if an applicant should be appointed.

If a minor receives more than $10,000.00, a Conservator must be appointed to manage their funds until they attain the age of 18. An attorney usually prepares the appropriate Petitions to begin such proceedings.

Marriage Licenses

Both parties must be 18 years or older and appear together to apply for a marriage license. All applicants must present a Social Security Card and a legal document showing his/her proper name. The name on Social Security information must match the identification. The cost of a marriage license is $46 (CASH ONLY). There is a 24-hour waiting period in South Carolina from the time you apply for the marriage license until the time the license can be issued. After the waiting period has expired, one of the contracting parties must return to pick up the license.

There are additional requirements if one of the parties is under the age of 18 and at least 16 years old: a certified copy of the Birth Certificate, which must be left with the Probate Court permanently; and the parent’s consent, the parent must appear in Probate Court with proper identification to link him/her with the minor.

Mental Health Commitment Procedures

Involuntary Commitment

PROCEDURES FOR EMERGENCY COMMITMENT OF THE MENTALLY ILL OR CHEMICALLY DEPENDENT PERSON

If you have personal knowledge of a person who suffers from mental illness or chemical dependence (alcohol or drug addiction) who is endangering himself or others and is unwilling to get help. In that case, the person may need involuntary commitment to a facility for treatment.

If the need arises for an EMERGENCY COMMITMENT, please get in touch with the Mental Health Center in Anderson at 200 McGee Rd. Anderson, SC 29625, or by phone at 864-260-2220.

DO NOT COME TO THE PROBATE COURT FIRST, go to Mental Health Center first before coming to Probate Court.

The Probate Court can only assist after the Mental Health Center has done an initial screening.

If the person is willing to be examined, a Detention Order is not needed. If the person refuses to be examined, you may bring the necessary documents issued to you from the Mental Health Center to the Probate Court to seek an Order of Detention. This Order allows law enforcement officers to pick up the person and transport him/her to a doctor or emergency room for examination.

Only a medical doctor can determine whether or not commitment is necessary.

If you have an emergency situation outside normal working hours, you need to call the Mental Health Center at 260-2220. A person will answer the Crisis Line and advise you of the procedures for getting help for the person in need. They will also call the Probate Judge when needed.

Frequently Asked Questions

Probate FAQ

What is Probate?

The root of the word Probate is “to prove”. Probate means to examine proof of whether the decedent left a valid Will. Informal Probate admits the will as valid without a hearing. Formal Probate requires a hearing to confirm the validity of the will.

How do I know if I need to go to Probate Court?

If a person dies owning any assets that need to be administered, you will need to contact Probate Court.

What if the deceased did not have a will?

When someone dies without a will, his or her estate is called “intestate”. In this case, the law determines who inherits and who can be appointed the personal representative informally.

How do I know if Anderson County is the correct probate court for me to call?

If the deceased was a permanent resident of Anderson County, was a non-resident holding property in Anderson County, or had a right to take legal action in the county, the estate must be processed through Anderson County Probate Court.

Do I need an attorney to probate?

You may use the assistance of an attorney to probate informally or you may complete the paperwork yourself and meet with the Judge acting as your own attorney. For formal probate or appointment, the services of an attorney are required. This involves the filing of a Summons/Petition/Filing Fee and service of the pleadings on the interested parties. A hearing will then be set for presentation of testimony.

How does a personal representative get appointed?

If you are acting as your own attorney, obtain initial paperwork from the Probate Court along with an explanation. The fee to start Probate is $50.00. If you have employed the services of an attorney, he or she will take care of this for you.

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Serving Anderson County Citizens

Probate Court

Serving Anderson County Citizens

Functions and Responsibilities

Probate Court Services

Estates

Guardianship and Conservatorship

Marriage Licenses

Mental Health Commitment Procedures

Involuntary Commitment

PROCEDURES FOR EMERGENCY COMMITMENT OF THE MENTALLY ILL OR CHEMICALLY DEPENDENT PERSON

Mental Health Resources

Useful Links

Case Management

Attorney Case Management and Probate Forms

Frequently Asked Questions

Probate FAQ

What is Probate?

How do I know if I need to go to Probate Court?

What if the deceased did not have a will?

How do I know if Anderson County is the correct probate court for me to call?

Do I need an attorney to probate?

How does a personal representative get appointed?

Contact Probate

Hon. JT Foster

Office Address

Mailing Address