Horry County Probate Court

The Horry County Probate Court handles legal matters related to estates, wills, guardianships, and marriage licenses. Residents rely on this court for probate filings, estate administration, and certified copies of vital documents. It ensures that personal and family matters are processed accurately, protecting the rights of heirs, beneficiaries, and individuals under guardianship. The court serves as a central resource for legal oversight in Horry County, offering clear procedures for submitting and managing cases.

The court oversees estate cases, manages wills & estates, establishes guardianships, issues marriage licenses, and provides official documentation for legal purposes. By providing step-by-step processes and support, Horry County Court helps families handle complex situations smoothly and avoid potential disputes. With accessible services and professional staff, the Horry County Probate Court supports residents in managing sensitive legal responsibilities efficiently and in compliance with South Carolina law.

What Probate Court Handles in Horry County

Horry County Probate Court handles legal matters related to estates, trusts, guardianships, and certain personal affairs. The court has original jurisdiction over cases involving deceased persons, minors, incapacitated individuals, and other specialized matters.

The court’s primary role is to ensure that legal processes concerning estates, trusts, and personal matters are carried out fairly and according to South Carolina law. This includes supervising the distribution of assets, protecting vulnerable individuals, and approving legal documents such as marriage licenses.

Estate Administration

The Probate Court oversees estate administration, which involves managing the assets and debts of someone who has passed away. Key responsibilities include:

• Validating wills and ensuring they are legally executed.
• Appointing personal representatives or executors to manage estates.
• Supervising the distribution of property to heirs and beneficiaries.
• Handling disputes related to inheritance or estate claims.

Proper estate administration helps prevent conflicts and ensures that estates are distributed in accordance with the law. This function is central to the court’s probate court jurisdiction.

Guardianship and Conservatorship

The court also manages guardianship and conservatorship cases for minors or incapacitated adults. Responsibilities include:

• Appointing guardians to care for individuals unable to make their own decisions.
• Supervising conservators who manage finances for those who cannot handle their assets.
• Reviewing annual reports to ensure proper care and financial management.

These services protect vulnerable residents and provide legal oversight for their personal and financial well-being.

Trusts

Horry County Probate Court handles disputes and the administration of trusts. This includes ensuring trustees act according to the trust’s terms and protecting beneficiaries’ interests.

Involuntary Commitments

The court has authority over involuntary commitments, which involve placing individuals under care for mental health reasons when required by law. These proceedings ensure legal safeguards for both the individual and the community.

Marriage Licenses

In addition, the court issues marriage licenses, a straightforward process that allows couples to legally marry in Horry County. Applicants must meet South Carolina’s age and identification requirements.

Search Horry County Probate Court Records & Services

Horry County Probate Court allows residents to access estate, guardianship, and other probate records through online, in-person, and mail-based methods. Knowing the correct search method helps users find accurate records quickly.

How to Search Probate Court Records

There are several ways to search probate court records in Horry County:

1. Online Search Options

The court provides an official online portal for searching certain probate records: https://www.horrycounty.org/Departments/Clerk-of-Court/Probate

Available online records include:

• Estate cases (formal, informal, and small estate)
• Guardianship filings
• Wills registered with the court

Steps to search online:

1. Visit the portal and select the case type.
2. Filter results by date or party name.
3. Review the available records and download copies if needed.

Online searches are convenient and provide immediate access to digital documents.

2. In-Person Search

Users can visit the Horry County Probate Court Clerk’s Office to view records directly. Requirements include:

• A government-issued ID
• Purpose of the request (personal, research, or legal)
• Payment for photocopies or certified copies

Clerks can help locate specific estate, guardianship, or will records. Some older or restricted records may only be available in person.

3. Mail or Phone Requests

Requests for records can also be submitted by mail or clarified by phone. Required items include:

• Completed the request form with record details
• Payment for applicable fees
• Return address for mailing

Mailing Address:
Horry County Probate Court
1000 2nd Avenue, Conway, SC 29526

Processing typically takes 7–14 business days. Phone calls can confirm procedures and fees before sending requests.

Fees & Access Options

Below is a summary of fees and access methods for Horry County Probate Court records:

Estate Administration & Probate Filings

Estate administration and probate filings in Horry County handle the legal transfer of a deceased person’s assets. The process ensures heirs receive property according to the will or state law if no will exists.

Probate is required for most estates, especially when real property, bank accounts, or valuable personal property are involved. Filing a probate case protects heirs, creditors, and the estate from disputes, while allowing the personal representative to manage and distribute assets legally.

When and Why You Need Probate / Estate Administration

Probate becomes necessary whenever a deceased person leaves assets that need legal transfer. An estate case typically involves:

• Real property, like houses or land.
• Personal property, including vehicles, jewelry, and bank accounts.
• Debts and liabilities that must be settled before heirs receive assets.

If a will exists, it must be filed with the Horry County Probate Court within 30 days of death. Filing ensures the estate follows the deceased’s instructions and prevents delays in distributing assets.

Key points to remember:

• Probate protects heirs from disputes.
• Filing a will promptly prevents delays.
• Small estates may qualify for simplified administration.

Types of Probate Proceedings

Horry County handles probate through informal and formal proceedings. The type depends on estate size, heirs’ agreement, and whether there are disputes.

Informal Probate

Informal probate applies when:

• The estate qualifies as a small estate (generally lower asset thresholds).
• Assets are primarily personal property, not real estate.
• No heirs contest the distribution.

The process is simplified:

1. File a petition with Horry County Probate Court.
2. Submit the death certificate and list of assets.
3. Provide a funeral bill if required.
4. Receive a verified statement allowing asset distribution.

Informal probate is faster and usually requires fewer fees, making it ideal for small estates.

Formal Probate

Formal probate is needed when:

• Heirs contest the will.
• The will is missing, lost, or invalid.
• The estate is large or complex.

Time limits for formal probate include:

• Must commence within 8 months of informal probate if one was filed.
• Must commence within 1 year of death if no informal probate exists.

A personal representative is appointed to manage the estate. Their responsibilities include:

• Collecting and safeguarding assets.
• Paying debts and taxes.
• Distributing property according to the will or state law.

Step Guide to Filing an Estate / Probate in Horry County

Filing probate involves several steps that vary depending on the estate type.

Pre-filing checklist:

• Certified death certificate
• Original will (if any)
• List of assets and liabilities
• Date of death and contact info for heirs
• Funeral bill (for small estates)

Filing procedures:

• Submit the required forms to the Horry County Probate Court.
• Informal probate requires simpler petitions; formal probate may require more detailed filings.

Inventory & Appraisement:

• Required for estates with real property or larger asset totals.
• The personal representative lists all assets and their estimated values.

Notices to Creditors:

• Estate debts must be addressed.
• Notices ensure creditors have the opportunity to file claims.

Distribution and Closing:

• For small estates, a verified statement allows distribution without a hearing.
• Larger estates follow formal probate rules before closing the estate.

Fees Associated with Estate / Probate Filings

Probate fees vary by estate size and type. Horry County charges fees for filing, document certification, and certain fiduciary services. Example fee ranges include:

Guardianship & Conservatorship

Guardianship and conservatorship protect individuals who cannot make decisions for themselves or manage their property. Horry County Probate Court oversees these arrangements to ensure the safety and well-being of protected persons.

What Are Guardianship and Conservatorship?

Guardianship is a legal arrangement where the court appoints a responsible adult to make personal and health-related decisions for an incapacitated person. Incapacity may result from mental illness, physical illness, disability, or advanced age. The Clerk of Court plays a key role in this process, managing and maintaining official court records, filing petitions, and scheduling hearings, ensuring that all documentation related to the guardianship case is accurate and accessible. The guardian acts in the best interest of the ward, overseeing medical care, living arrangements, and general welfare.

Conservatorship focuses on financial and estate management. A conservator is appointed when a person cannot manage their finances, property, or contractual obligations. The conservator handles tasks such as paying bills, managing bank accounts, filing taxes, and overseeing investments. The court intervenes when an individual’s ability to make decisions is limited or when there is a risk of financial exploitation. Horry County Probate Court requires evidence of incapacity before approving either guardianship or conservatorship.

Key Terms:

• Incapacitated person / Protected person: The individual needing support.
• Court supervision: Ongoing oversight to ensure duties are properly carried out.
• Appointment of guardian/conservator: Official designation by the court.
• Protective order: Legal safeguards imposed by the court to prevent misuse of authority.

Process for Establishing Guardianship / Conservatorship in Horry County

Establishing guardianship or conservatorship begins with filing the appropriate petition forms with Horry County Probate Court. Common forms include:

• Petition for Appointment of Guardian/Conservator (dual-petition if both are needed)
• Petition for Finding of Incapacity

Steps in the process:

1. Filing the Petition: Submit completed forms with supporting medical or financial documentation.
2. Court Hearing: The judge reviews the petition. Hearings may involve testimony from medical professionals, family members, or other concerned parties.
3. Appointment and Court Supervision: Once approved, the guardian or conservator receives official authority. The court monitors their actions to protect the ward.
4. Reporting and Oversight: Conservators are typically required to provide periodic accountings of financial activity, while guardians report on personal welfare and care decisions.

Marriage Licenses & Marriage Services

Horry County Probate Court handles all matters related to marriage licenses, from issuing them to recording and providing certified copies. Residents and non-residents alike rely on the court for official, court-issued marriage licenses and related services.

What the Probate Court Handles for Marriages

Horry County Probate Court has exclusive original jurisdiction over marriage matters. This includes:

• Issuing marriage licenses to couples who meet state requirements.
• Recording and indexing all licenses in official court records.
• Providing certified copies of marriage certificates for legal or personal use.
• Maintaining proper disposal and storage of copies to protect records.

The court ensures all marriage-related documents comply with South Carolina law, giving couples a secure and recognized record of their union. For official procedures, fees, and licensing details, the Horry County Government provides direct guidance.

How to Apply for a Marriage License

Couples can apply for a marriage license in person or, in some cases, via mail, following specific requirements.

In-Person Application

To apply in person, both applicants must provide:

• Valid photo identification (driver’s license, passport, or state ID).
• Social Security cards.
• Proof of age (any government-issued document showing date of birth).
• Payment in the form of cash or money order.

The Probate Court operates Monday through Friday during regular business hours. After applying, a 24-hour waiting period is required before the license can be issued. This ensures all legal requirements are met.

Mail-in Application

Mail-in applications are limited and not available for applicants under 18 years old. Required documents include:

• Copies of Social Security cards.
• Valid photo identification.
• Payment for the license fee (check or money order).

Processing typically takes a few business days. Once the waiting period ends, applicants can pick up the marriage license in person at the Probate Court.

Fees for Marriage Licenses and Certified Copies

The cost of a marriage license depends on residency status:

A certified copy of a marriage license can be obtained for $5. These copies are useful for legal, financial, or personal purposes, including name changes, insurance, and identification updates.

What Happens After the Wedding Ceremony

Once the wedding is performed, the officiant—whether a licensed wedding officiant or the Probate Judge—must return the signed, notarized copies:

• Probate Judge copy
• Probate Judge / DHEC copy

These must be filed with the Probate Court within 15 days of the ceremony.

Couples needing additional certified copies can request them from the court at any time. The process requires a completed application and a $5 fee per copy. These certified copies are often needed for updating legal documents, insurance, or other official records.

How to Request Court Records & Certified Documents

Horry County Probate Court allows the public to request various court records and obtain certified copies of official documents. Individuals can request marriage certificates, wills, estate filings, guardianship orders, and other probate records by following the court’s established process.

Probate records are considered public in South Carolina, which means many documents filed with the court can be viewed or copied by the public. Commonly requested documents include:

• Marriage certificates: Certified copies for legal or personal use
• Estate filings and wills: Documentation of probate cases
• Guardianship and conservatorship orders: Court records establishing legal guardianship
• Other probate forms: Such as estate inventories or bond records

Requesting Certified Copies or Exemplified Copies

To obtain certified copies or exemplified copies, requesters must follow the Probate Court’s procedures. Certified copies carry the official seal of the court and are often required for legal, financial, or personal purposes.

Key steps to request documents:

1. Complete a probate record request form: Available from the Horry County Probate Court or its website.
2. Specify the type of document: Marriage certificate, will, guardianship order, etc.
3. Pay the applicable fees: Fees vary depending on the document type. Typical costs include:
   • Certified copy: $3–$5 per page
   • Photocopy: $0.50 per page
   • Exemplified copy: Fees may be higher, depending on certification level
4. Submit the request: In person, by mail, or sometimes via email/fax if allowed.

Some records may require a formal written request or follow South Carolina Freedom of Information Act (FOIA) procedures if they contain sensitive personal information.

Contact Information for Requests

For all probate record inquiries and document requests, individuals can contact Horry County Probate Court at:

Mailing Address for Requests:
Horry County Probate Court
P.O. Box 1230
Conway, SC 29528

Requesters are encouraged to include a clear description of the records they need and enclose the payment for certified copies as outlined in the court’s fee schedule.

Location & Contact

The Horry County Probate Court is located in Conway, South Carolina, and provides residents with in-person services for probate, guardianship, and marriage-related filings. Visitors can find the court easily with clear directions and contact options for scheduling or inquiries.

Court Address and Map

The Horry County Probate Court is situated at:

Horry County Probate Court
1301 Second Avenue, Conway, SC 29526

For convenience, the court is near the Horry County Government & Justice Center and easily accessible from Main Street. Visitors can find on-site parking in the courthouse lot, and additional street parking is available nearby.

Directions:

• From U.S. Highway 501, take Main Street east toward downtown Conway, then turn onto Second Avenue.
• The courthouse is on the right-hand side, marked by a prominent government sign.

Phone, Email, and Office Hours

For inquiries or assistance, the court can be reached at:

• Phone: (843) 915-5000
• Email: hcg.ProbateCourt@horrycountysc.gov
• Office Hours: Monday – Friday, 8:30 AM – 5:00 PM

Staff at the courthouse can answer questions about filings, document requirements, or procedural guidance during business hours.

Services at the Courthouse

The Horry County Probate Court offers a variety of in-person services, including:

• Filing probate documents for wills and estates
• Applying for marriage licenses
• Requesting certified copies of court records
• Filing guardianship petitions
• Handling other local probate services

Most filings must be completed in person, though some information can be accessed online before visiting.

Directions & Accessibility

• Parking: Free parking is available in the courthouse lot. Limited street parking is also nearby.
• Public Transportation: Local bus routes serve the downtown Conway area, stopping within walking distance of the courthouse.
• Accessibility: The courthouse is fully accessible for visitors with disabilities, featuring wheelchair ramps and elevators.

By providing clear probate court directions, contact information, and service details, residents can efficiently plan their visit to the Horry County Probate Court.

FAQs About Probate Court

Horry County Probate Court handles estate matters, wills, and marriage licenses, and many residents have common questions about these processes. This section answers frequently asked questions to help understand probate and marriage license procedures.

What if the Decedent Did Not Leave a Will?

If a person dies without a will, their property becomes part of an intestate estate, and the court determines how assets are distributed under South Carolina law. Typically, the surviving spouse, children, or other close relatives inherit according to a set order. Filing an intestate estate requires specific probate court forms, and the clerk’s office can ensure the process moves smoothly.

How Long Does Probate Take in Horry County?

The length of probate in Horry County depends on whether the estate is processed informally or formally. Informal probate, usually for small estates, can take around two to four months if there are no disputes, while formal probate for larger or contested estates may last six to twelve months or longer. Delays can occur if documents are missing, creditors file claims, or additional court hearings are needed.

What if the Will Is Not Filed Within 30 Days?

Wills should be submitted to the probate court as soon as possible, ideally within thirty days of the decedent’s passing. If a will is filed late, the court may require additional approval, which could delay the probate process, and the clerk’s office can provide the correct probate court forms and instructions to resolve this situation.

Can I Apply for a Marriage License by Mail if Under 18?

Applicants under 18 have additional requirements, including parental or guardian consent, and Horry County permits certain steps of the application to be completed by mail. The applicant must submit all required documentation exactly as outlined in the Apply for Marriage License Horry County instructions to ensure the request is processed correctly.

Do I Need Witnesses for a Marriage License?

Obtaining a marriage license in Horry County does not require witnesses, as the license itself is the legal requirement. However, the actual ceremony must be performed by a recognized officiant, and residents can refer to official Horry County guidelines for details about completing the marriage license process and any additional steps required for the ceremony.