South Carolina Probate Records

United States   South Carolina   Probate Records

Record Synopsis

Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianships, etc.” Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. For further information about the probate process, types of probate records, analyzing probate records, and to access a glossary of probate terms, see United States Probate Records.

History

Probate records of South Carolina were kept by the secretary of the province prior to 1732, and were later kept by the courts of ordinary and probate courts of each county. Most of the original wills for the colonial period have not survived. Pre-Civil War probate files for Beaufort, Chesterfield, Colleton, Georgetown, Lancaster, and Orangeburg districts were destroyed. However, for the colonial period, dozens of South Carolina wills proved in the Prerogative Court of Canterbury in London, England have survived.

A brief history of the settlement of South Carolina and the resultant effects on record keeping can be found on Ancestry. ($)

• A discussion of South Carolina Probate Records written by Johni Cerny and Gareth L. Mark for Red Book: American State, County, and Town Sources can be found at Ancestry. ($)

State Statutes

Understanding the Kentucky probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems.

Additional information about Kentucky state statutes relating to probate matters can be found at law libraries. Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Kentucky statutes."

Repositories

Local

The county's judge of probate office has probate records of the counties and circuit court districts from 1785 to 1800 and probate records from 1800 to the present.

Regional

The South Carolina Department of Archives and History has microfilms or typescripts of probate records for many counties. These include wills, inventories, bills of sale, power of attorneys, bonds, notes, administrations, judgments, and sales records. They have placed Will Transcriptions for 1782 to 1855 online. Not all counties are included.  Index searchable by name and the image is available.

National

The Family History Library has a collection of South Carolina Probate Records and Indexes. Some are films of the originals, and others are abstracts and transcriptions.

Statewide Record Collections

Wills Proved in South Carolina

The following are examples of publications that can help you locate colonial records:

• Holcomb, Brent H. Probate Records of South Carolina. Three Volumes. Easley, South Carolina: Southern Historical Press, 1977-. FHL Collection975.7 P2p. Covers 1746 to 1821; thoroughly indexed.
• Houston, Martha Lou, comp. Indexes to the County Wills of South Carolina. Columbia, S.C.: University of South Carolina, 1939. Digital version at World Vital Records ($); 1964 reprint: FHL Collection, book 975.7 P22h 1964; film 908509 item 3; fiche 6046877. This is an index to most pre-1860 county wills, but omits Charleston County wills.
• Moore, Carolina T., and Agatha Aimar Simmons. Abstracts of the Wills of the State of South Carolina. Three Volumes. Columbia, South Carolina: R. L. Bryan Co., 1960-69. FHL Collection, book 975.7 P2m; film 1035622 items 1-3; fiche 6051514. These volumes cover the years 1670 to 1784.

Proved in London

South Carolina wills and administrations proved in London have been abstracted and published multiple times. Each edition is listed here, as some are available online, while others are not. In addition, publishers included more detailed abstracts in some editions than others. The 2007 edition includes a place-name index that enables users to pluck out South Carolina references:

• Coldham, Peter Wilson. English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1610-1699. Baltimore: Genealogical Publishing Co., 1980. Digital version at Ancestry ($).
• Coldham, Peter Wilson. English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1700-1799. Baltimore: Genealogical Publishing Co., 1980. Digital version of 1991 reprint available at Ancestry ($).
• Coldham, Peter Wilson. English Estates of American Colonists: American Wills and Administrations in the Prerogative Court of Canterbury, 1800-1858. Baltimore: Genealogical Publishing Co., 1981. Digital version at Ancestry ($).
• Coldham, Peter Wilson. American Wills & Administrations in the Prerogative Court of Canterbury, 1610-1857. Baltimore, Md.: Genealogical Publishing Co., 1989. FHL Collection, book 942 P27c; digital version at Ancestry ($).
• Coldham, Peter Wilson. American Wills Proved in London, 1611-1775. Baltimore, Md.: Genealogical Publishing Co., 1992. FHL Collection, book 973 P27ca; digital version at Ancestry ($).
• Coldham, Peter Wilson. North American Wills Registered in London, 1611-1857. Baltimore, Md.: Genealogical Publishing Co., 2007. FHL Collection, book 942 P27c 2007.

If you find a will abstact that interests you in Coldham's books, it is now possible to view digital images of the original Prerogative Court of Canterbury wills online at two United Kingdom pay-per-view websites:

• Prerogative Court of Canterbury Wills (1384-1858), courtesy: The National Archives, UK.
• PCC Wills Index and Images (1384-1858), courtesy: The Genealogist. (in progress)

Proved in Edinburgh

The wills of some South Carolina residents were proved in Edinburgh, Scotland, see:

• Dobson, David. Scottish-American Wills, 1650-1900. Baltimore, Maryland: Genealogical Publishing Company, 1991. FHL Collection, book 973 P22d. Over 2,000 citations including name, occupation, residence, and date.

Most of these references were taken from the Commissariat Court of Edinburgh (now the Sheriff Court of Edinburgh) and the Index to Personal Estates of Defuncts, 1846-1866. If you find a will abstact that interests you in Dobson's book, it is now possible to view digital images of the original records online at a United Kingdom pay-per-view website:

• Wills & Testaments (1513-1901), courtesy: Scotlands People

Learn More

Published Materials

A probate handbook for South Carolina can be found at the Family History LIbrary.

• Brimelow, Judith M. and Wylma A. Wates. South Carolina Will Transcripts, 1782-1868. Columbia, South Carolina : South Carolina Department of Archives and History, c1980. FHL Collection, book 975.7 P27b.

• Flanagan, Shawn M. and National Business Institute. South Carolina Probate: Beyond the Basics. Eau Claire, WI : National Business Institute, 1991. World Cat entry.

Websites

• South Carolina Department of Archives and History
  8301 Parklane Road
  Columbia, SC 29223
  Tel: (803) 896-6100
  Fax: (803) 896-6198
  South Carolina Department of Archives and History

• FindLaw has information on South Carolina State Probate Courts.