South Carolina, Probate Records, Files and Loose Papers, 1732-1964

What is in This Collection?

This collection includes wills, records of estates, and guardianships recorded by the counties of South Carolina. Most of the records fall between the mid-1800s through 1930.

Probate records are court documents and included all documents related to estate settlement, including settlement papers, inventories, receipts, wills, and other records pertaining to the estates, including accounts, administrations, appraisals, minutes, bonds, petitions, guardianships, inventories, and settlements.

Most probate records were created on a county level. The contents of probate records vary greatly depending on the prevailing law and the personality of the record keeper.

Probate records fall into two general categories, wills and estate papers. Most records mention the names of heirs and frequently specify how those heirs are related. Names of children may be given, as well as married names of daughters. Probate records may not give an exact death date, but a death most often occurred within a few months of the date of probate.

Probate records are used to legally dispose of a person’s estate after his or her death. The probate process transfers the legal responsibility for payment of taxes, care and custody of dependent family members, liquidation of debts, and transfer of property title. The transfer is to an executor or executrix if the deceased had made a will, to an administrator or administratrix if the deceased had not made a will, or to a guardian or conservator if the deceased had heirs under the age of twenty-one or if heirs were incompetent due to disease or disability.

The death date, residence, and other facts that were current at the time of the probate proceeding are quite reliable, though there is still a chance of misinformation. The records may omit the names of deceased family members and those who have previously received an inheritance, or the spouse mentioned may not be the parent of the children mentioned.

Additional records and/or images may be added to this collection in the future.

To Browse This Collection

What Can These Records Tell Me?

The following information may be found in these records:

Probate records include petitions, inventories, accounts, decrees, oaths of executors, forms about guardians, and other court documents.

• Name of testator or deceased
• Names of heirs such as spouse, children, and other relatives or friends
• Names of witnesses
• Residence of testator
• Lists of belongings, property, and so forth
• Document and recording dates (Sometimes the date of death will be given. Recording dates are also used to approximate event dates, i.e. a letter of administration was usually written shortly after the time of death.)

Collection Content

Sample Images

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  1841 Will Page 1

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  1841 Will Page 2

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  1841 Will Page 3