Due to health concerns surrounding the COVID-19 virus, Probate Court will not be performing marriage ceremonies until further notice. Anyone who is a South Carolina Notary, Ordained Minister, Pastor, Priest, or Rabbi can perform ceremonies in South Carolina.
Starting Wednesday, March 18, the Charleston County Probate Court will not allow general public access to probate court personnel to protect their health and the health of their families and the public. The Charleston County Probate Court will continue to accept filing, pleadings, motions, applications, etc. through the mail, online, and by drop-off at the probate court offices. The Charleston County Probate will serve our citizens by phone, video conferencing, email, texting, and regular mail. Civil commitment hearings will be via video conferencing. The Charleston County Probate Court will hear all emergency matters. With the exception of this week’s scheduled hearings, the Charleston County Probate Court will hear all non-emergency cases after the pandemic ends. Drug Court, Mental Health Court, and Veterans Treatment Court sessions are postponed.
If you want to apply for a marriage license, click here to apply.
Charleston County Probate Judge
Charleston County Probate Judge
Judge Irvin Condon with Associate Probate Judges Lenna Kirchner, Tamara Curry and Peter Kouten, who all serve the Charleston County community.
The Probate Court assists the citizens of Charleston County in probating estates, resolving disputes in estates and trusts, handling involuntary commitments for alcohol/drug abuse and/or mental illness, obtaining marriage licenses, appointing and supervising guardians and conservators, and approving minor and wrongful death settlements. Probate Court includes the Estate, Commitment and Marriage Divisions. The Probate Judge is elected countywide and serves a four-year term.
The mission of the Charleston County Probate Court, provided the sensitive nature of the matters we handle, is to deliver essential services that protect and uphold the best interest of the individuals whose lives we impact. We strive to serve the citizens of our community with compassion, integrity, dedication, professionalism, and efficiency.
The Probate Court has jurisdiction over Marriage Licenses, Estates of Deceased Persons, Guardianships and Conservatorships of Incapacitated Persons, Settlements for Minors and Wrongful Deaths, and Involuntary Commitments of Mentally Ill and/or Chemically Dependent Persons.
To address community issues, Judge Condon has implemented a Mental Health Court, an Adult and Juvenile Drug Court Program, and a Veterans Treatment Program. Judge Condon has partnered with the Charleston School of Law to assist seniors in our community.
The forerunner to the Probate Court was the Court of the Ordinary. The founding of the Colony in 1670 led to the creation of the original Probate Court. In the court's early days, the Royal Governors or their secretaries were the only Ordinaries in the province. Beginning in 1778, the S.C. Commons House of Assembly was to appoint Ordinaries for each of the province's seven court districts; however, due to the presence of British forces in South Carolina, no District Ordinaries were appointed until 1782. When the last Royal Governor fled after the adoption of the Federal Constitution on June 21, 1788, the General Assembly appointed an Ordinary to fulfill the duties of the office in Charleston District.
In 1787, duties of the District Ordinaries were transferred to county courts; but because Charleston District had no county court, a 1789 law directed the Ordinary to continue. County courts were abolished in 1799. Within the year, the S.C. General Assembly created 24 circuit court districts whose Ordinaries they appointed until 1815 when they became elected.
The S.C. Constitution of 1868 replaced the Court of the Ordinary with the Probate Court. Changes to the S.C. Constitution in 1895 required the Probate Court to be dependent on the General Assembly for funding and legal procedures. This was so in all counties except Charleston where it remained a constitutional court until 1962.
Unlike other judges in South Carolina, the probate judge is selected by popular election to a four-year term.
Accountings - Reports that contain the annual and final fiscal reports showing receipts and disbursements with date and purpose.
Estate Papers - The original probate papers such as wills, inventories, letters, accountings and related papers.
Probate - The legal process of wrapping up a person's affairs, paying their bills and distributing their assets.
Testator - A person who has made a legally valid will before death.
Will Books - Recorded transcripts of the original probate wills that give information about proving the will and qualifying the personal representative.
Judge Irvin G. Condon, Probate Judge
Judge Tamara C. Curry, Associate Probate Judge
Judge Lenna S. Kirchner, Associate Probate Judge
Judge Peter A. Kouten, Associate Probate Judge
Commitment, Guardianship/Conservatorship & Estate Divisions
Mon. - Fri. 8:30am - 5pm
Marriage License Division
Mon. - Fri. 8:30am - 4:30pm
City of Charleston
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