Williamsburg County Probate Court

125 West Main Street
P. O. Box 1005
Kingstree, SC 29556

(843) 355-9321 Ext. 558

Williamsburgprobatecourt@yahoo.com

Normal hours 8:00 a.m. - 5 p.m. Monday through Friday

Rudell M. Gamble, Probate Judge, Ext 558
Betty F. Matthews, Associate Probate Judge, Ext. 158
Kimerly Tisdale, Clerk, Ext. 157

Probate Court is responsible for assisting the citizens of Williamsburg County in probating the estate of deceased persons, assists in the Involuntary Commitment process of individuals, appoints Guardians or Conservators and monitors the administration of their estate, and issues Marriage Licenses. Probate Court maintains records of estates and marriage licenses. The death records for Williamsburg County date back to 1806 and marriage records date back to 1911.

Probating Estate

Once you have received the Death Certificate, you should call Probate Court for an appointment. Probate Court staff will inquire as to what assets the decedent owned at time of death so that a determination can be made on the type of probate proceeding that will be needed. The different types of probate proceeding are:

• Testate – occurs when there is a Will (formal or informal)
• Intestate – occurs when there is not a will (formal or informal)
• Small Estate Affidavit - occurs when the value of the entire estate, less liens and encumbrances, does not exceed ten thousand dollars and exempt property, costs and expenses of administration, reasonable funeral expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 62-3-1204.
• Will File Only – occurs when there are no assets in the estate, but there is a Will

Estates are probated if the decedent was a resident of Williamsburg County, or a non-resident holding property in Williamsburg County.

The estate records for Williamsburg County date back to 1802.

Marriage License

Probate Court issues marriage licenses to the citizens of Williamsburg County. To obtain a marriage license, both applicants must appear together. Two forms of identification is required. The first form of identification that is required is your Drivers License or State Issued Identification Card. The second form of identification shall be one of the following:

• Social Security Card
• Certified Copy of your Birth Certificate
• Passport
• Military Identification

Minor Applicants must be at least 16 years of age and must have parental consent and present a certified or original birth certificate. The parents of minor(s) must provide Identification.

There is a mandatory 24-hour waiting period that is required by law. The fee for a marriage license is $25.00. The marriage ceremony must be performed in South Carolina by a Minister, accepted Jewish Rabbis, or a Notary Public.

Marriage licenses issued in Williamsburg County date back to 1911.

Commitment Process

Probate Court assists in the involuntary commitment process of individuals for alcohol/drug addiction, mental illness, mental retardation, and/or tuberculosis through preparation of sworn petitions and presiding over hearings. The Code of Laws of South Carolina 1976, Title 44 provides for the involuntary commitment of individuals for treatment for chemical dependence, mental illness, mental retardation, Aids or tuberculosis. Upon the filing of an appropriate petition, the Probate Court issue an Order of Detention for the examination of the person in need of treatment and may designate examiners, appoint an attorney and schedule a Hearing. Based on the results of the examination the person may be provided immediate hospitalization, or be required to receive involuntary outpatient treatment as designated by the Court at the Hearing. Should the person receive emergency treatment they are scheduled for a Hearing within 15 days of admittance for mental illness or within 20 days of admittance for chemical abuse treatment. At the Hearing, the person may be Ordered for further impatient or outpatient treatment.

Commitment for involuntary treatment for mental illness and/or chemical dependency that is not deemed to be an emergency, a judicial procedure can be followed. The Court monitors all chemically dependent persons for a period of one year and monitors the mentally ill persons as needed. All records relating to involuntary commitment are confidential and can only be accessed by consent of the individual or his guardian; upon Court Order or when disclosure is determined to be necessary for cooperation with law enforcement, health, welfare, and other state or federal agencies or when furthering the welfare of the patient or his family

Guardian/Conservator

The Probate Court appoints Guardians and Conservators for minors and incapacitated adults and monitors the administration of their estates. Settlements of litigation on behalf of minors not to exceed $25,000 are approved by the Probate Court, as are wrongful death settlements.

The Code of Laws of South Carolina 1976, Title 62 provides for the appointment of a Guardian for an adult who has been adjudicated incompetent due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication to the extent that the individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or property. The primary responsibility of the Guardian is to decide where the incapacitated person will live and make provisions for his care, including medical and health care decisions. An annual accounting is required every year from the Guardian.

A Conservator may be appointed for the incapacitated adult or for a minor child. The primary responsibility of the Conservator is to manage and protect the financial affairs or property of the ward. Any extraordinary expenditures must have court approval prior to disbursement and will be reflected on the required annual accounting submitted to the Probate Court. A bond is required in most cases to secure the assets against mismanagement. A conservatorship for a minor child remains in place until the child reaches an age of majority.

Court Cost
(Based on the gross value of an estate or a conservatorship)