Wills & Probate Court Records

02 Jun 2008

Doing research in the “Golden Corner” of South Carolina (Anderson-Oconee-Pickens Counties) might be time consuming for you, because of how these counties were formed.  Based on your time-period, you might need to research all (3) counties. 

- In 1789 Pendleton County was formed as part of the 96th Judicial District from Indian Country.
- In 1795 Pendleton County was placed in the Washington Judicial District.
- In 1799, Pendleton County was named Pendleton District by the State legislature and Washington Judicial District was discontinued.
- In 1826/27, Pendleton District was divided into the Anderson & Pickens Districts.
- In 1868 the state legislature decided to change all districts to counties
- Current-day Anderson County represents the old Anderson District.
- Current-day Pickens County represents part of old Pickens District.
- Current-day Oconee County represents part of old Pickens County & added Indian Land.
- In 1986, Pickens County annexed Oconee land that included Clemson College & area extending SE to Anderson County.

Cyndi's List - Wills & Probate

Court Record Notes:

• Prior to 1769, proprietary and crown courts were convened at Charleston. These were known as the General Court and the Grand Council.
• 1769-1772 a circuit court system was begun. Judicial district began to keep records for some courts, although records were still filed in Charleston. After 1780 the records were kept in the various courthouses.
• 1671-1790's Court of Chancery handled land and inheritance matters for the entire colony.
• 1703-Present Court of Common Pleas was a statewide court until 1790 when each district established a separate court with jurisdiction over guardianship and civil matters.
• 1769-Present Circuit courts have had district or countywide jurisdiction in criminal cases and some civil cases.
• 1769-1776 Court of General Sessions was a statewide court until 1790, when each district established a separate court. These courts had jurisdiction over criminal cases.
• 1785-1798 County courts had jurisdiction over minor civil and criminal matters.
• 1791-1900 Courts of equity had countywide jurisdiction over property matters.
• Probate records of SC were kept by the secretary of the providence prior to 1732, and were later kept by the courts of ordinary and probate courts of each county.
• Each county of South Carolina has a popularly elected Clerk of Court who serves a four-year term.  The Clerk of Court serves both the Circuit and Family Court as they operate in each county.  The Clerks of Court are charged with docket management; receiving fees, fines, and costs; maintaining all court records; and handling reporting requirements.  In the Circuit Court, their duties encompass both civil and criminal areas: receiving criminal warrants and forwarding them to the Solicitor; receiving bail; assembling trial lists; handling jury-related matters; performing courtroom duties.

• Probate court has exclusive original jurisdiction over 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. 

Clerk of Court:                                                          

Clerk of Court--Family Court Records Division

Box 8002, Anderson, SC, 29622-8002

864-260-4053, fax 864-260-4715

Probate Court:

http://www.andersoncountysc.org/

2nd floor of the New Courthouse

Box 8002, Anderson, SC 29622-8002

864-260-4049 , fax 864-260-4811

Probate Court - Abbeville County (old 96th District):

Carol Spear, Judge

Mary Clark, Deputy

Box 70, Abbeville, SC 29620

864-366-5312, fax 864-366-4023

Black Color = Missing Datafiles

Records are found in the Office of the Probate. In the files with the original wills in the courthouse are to be found various other papers, such as receipts from heirs, divisions before final settlements, inventories and appraisals and other papers that often give more valuable data than the wills.

Clerk of Court:

415 S. Pine St., Walhalla, SC 29691

864-638-4280

Probate Court:

http://www.oconeesc.com

211 W. Main St., Walhalla, SC 29691

864-638-4275, fax 864-638-4277

Courthouse holds wills and estate records from 1828. For earlier records (Pendleton County/District 1798- ), you may need to search in Anderson County and/or the South Carolina Archives.

Clerk of Court:

214 East Main Street, A100
Box 215, Pickens, SC 29671
864-898-5862, fax 864-898-5863

Probate Court:
http://www.co.pickens.sc.us

222 McDaniel Avenue, B-16, Pickens, SC 29671
864-898-5903, fax 864-898-5924

Black Color = Missing Datafiles

----------