PROBATE COURT

The Honorable Martha Newton
Probate Judge

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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. 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.

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Estates

Guardianship & 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 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 SC Judicial website or in our office. After receiving the necessary medical reports and visitors report, a Guardian Ad Litem will be appointed to represent the alleged incapacitated person and 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 age 18 years. The appropriate Petitions to begin such proceedings are usually prepared by an attorney.

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. Name on Social Security information must match 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 the contracting parties must return to pick up the license.

There are additional requirements if one of the parties is under age 18 and at least 16 years old: certified copy of the Birth Certificate, that must be left with the Probate Court permanently; and parent's consent, 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, the person may need involuntary commitment at a facility for treatment.

If the need arises for an EMERGENCY COMMITMENT please contact the Mental Health Center in Anderson located at 200 McGee Rd. Anderson, SC 29625 with phone #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, then 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 the law enforcement officers to pick up the person and transport him/her to a doctor or emergency room to be examined.

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

If you have an emergency situation that occurs 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 in order to get help for the person in need of assistance. They will call the Probate Judge when needed.

	South Carolina Code of Laws - Mental Health	http://www.scstatehouse.gov
	South Carolina Department of Mental Health	www.state.sc.us/dmh/
	Anderson-Oconee-Pickens Mental Health Center	www.aopmentalhealth.org
	Patrick B Harris Psychiatric Hospital	www.patrickbharris.com
	National Alliance of the Mentally Ill	www.namiaop.org

Frequently Asked Questions (FAQ)

Q: What is Probate?
A: 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.

Q: How do I know if I need to go to Probate Court?
A: If a person dies owning any assets that need to be administered, you will need to contact Probate Court.

Q: What if the deceased did not have a Will?
A: 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.

Q: How do I know if Anderson County is the correct Probate Court for me to call?
A: 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.

Q: Do I need an attorney to probate?
A: 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.

Q: How does a personal representative get appointed?
A: 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.