PROBATE COURT
Pickens County Administration Facility
222 McDaniel Avenue, B-16
Pickens, SC 29671
Phone: (864) 898-5903
Office Hours: Monday-Friday 8:00 a.m.- 5:00 p.m.

MISSION

Pickens County Probate Court is dedicated to providing the citizens of the county, personal service with the compassion, fairness, and professionalism that they deserve. In addition, we want to continue to prepare and safeguard complete and accurate records for the future.

Jurisdiction over:

• all subject matter related to estates of decedents
• protection of minors and incapacitated persons
• trusts, inter-vivos or testamentary
• issuance of marriage licenses
• involuntary commitment of persons suffering from mental illness, mental retardation, alcoholism, drug addiction, active TB
• wrongful death or action under the survival statute

Frequently Asked Questions

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 Pickens County is the correct Probate Court for me to call?

A: If the deceased was a permanent resident of Pickens County, was a non-resident holding property in Pickens County, or had a right to take legal action in the county, the estate must be processed through Pickens 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 paper work 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. If you have employed the services of an attorney, he/or she will take care of this for you.

Procedures for Involuntary Commitment of the Mentally Ill
or Chemically Dependent Person

Q: What is an involuntary commitment?

A: 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 Pickens located at 314 W. Main Street with phone #878-6830.

DO NOT COME TO THE PROBATE COURT FIRST. GO TO THE MENTAL HEALTH CENTER 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.

Q: What about emergencies on evenings, weekends or holidays?

A: If you have an emergency situation that occurs outside normal working hours, you need to call The Mental Health Center at 878-6830. 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.

Marriage License Requirements

• Both parties must appear together to apply for a marriage license.
• All applicants must present a Social Security Card or proof of his/her name and social security number
• All applicants must have identification
• $35.00 Cash fee (We cannot accept checks)

Additional Requirements for Under Age 18

• Must be at least 16 years old
• Certified copy of birth certificate, that must be left with the Probate Court permanently
• Parent's consent (parent must appear in Probate Court with proper Identification to link him/her with the Minor)

There is a twenty-four (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 of the contracting parties must return to pick up the license.

Ceremony

Once the Marriage License has been issued, the Marriage Ceremony must be performed somewhere in the state of South Carolina.

The Probate Court Judge in Pickens County performs marriage ceremonies Monday-Friday for a $25.00 Cash fee.

• You must call for an appointment.