The Probate Court is closed Monday, January 16, 2017, in observance of Martin Luther King Day.
The Probate Court is moving into the York County Courthouse in January 2017 although the exact dates depend on inspections being completed. After moving dates are determined, the Court will schedule appointments accordingly. Applications for marriage licenses will be taken on a walk-in basis, but please call ahead to determine the location of the Court.
For general questions or to make an appointment, please call 803-684-8513 or send an email to firstname.lastname@example.org
The court handles various matters including the administration of decedents' estates, the issuance of marriage licenses, the appointment of guardians and conservators, and involuntary commitments. It is located in the old Belk Building diagonally across the street from the York County Courthouse in downtown York, and is headed by an elected probate judge who serves a four-year term.
More detailed descriptions of the functions of the probate court are listed below:
Application for marriage licenses may be made between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. The license may be used for ceremonies performed in South Carolina and the fee is $50.00. Please see the FAQs for information about the documentation required and instructions for obtaining a certified copy of a license already filed. If a couple has completed a qualifying premarital preparation course PRIOR to applying for the license and presents a certificate of completion at the time of application, they may be eligible to receive a $50 non-refundable state income tax credit pursuant to S.C. Code 20-1-230.
The court handles the administration of the estates of York County residents. This includes routine proceedings as well as the contest and construction of wills, the determination of heirs, and the sale in aid of assets of a decedent's real estate. Please contact our office during business hours for additional information or to schedule an appointment to meet with one of the estate clerks to begin the probate process.
Guardianships and Conservatorships, Settlement Approval, Trusts
The court handles the appointment of guardians and conservators for incapacitated adults. It also handles the appointment of conservators for minors, the approval of minor settlements and wrongful death settlements, and trust matters. Please contact our office during business hours for additional information.
The court handles hearings for involuntary commitments of persons alleged to be chemically dependent or mentally ill. Effective May 1, 2015, the initial paperwork must be started at Catawba Mental Health Center (803-327-2012), the VA Clinic (803-366-4848) or Keystone Substance Abuse Center (803-324-1800). Please contact those agencies for information as to how to begin the process. For after-hours mental health emergencies, contact Catawba Mental Health at 803-327-2012 to speak with the counselor on call.
- What is required to apply for a marriage license?
- All applicants must apply in person and a $50.00 fee is required at the time of application (cash or check).
For ages 19 and older: Driver's license or state issued ID number or passport, and a social security number or resident alien ID number.
For age 18: Certified birth certificate, driver's license or state issued ID or passport, and social security number or resident alien ID number.
For ages 16 and 17: Certified birth certificate, driver's license or state issued ID or passport, and social security number or resident alien ID number and custodial parent's consent.
* See FAQs if applicant does not have a SSN or resident alien ID number.
- What is the waiting period for a marriage license?
- There is a 24 hour waiting period before the license can be issued.
- After the 24 hour waiting period has expired, do both the bride and groom need to be present to pick up the marriage license?
- If the bride and groom were present at the time of application, only one will be required to pick up the marriage license.
- Can the license be mailed after the 24 hour waiting period?
- If the bride and groom were both present at the time of application and completed the mailing request form, the license can be mailed for a fee of $1.
- Can I view marriage license or estate records for York County online?
- Estate records are not yet available on-line but may be viewed by the public in our office Monday through Friday from 8:00AM - 5:00PM. Copies are $0.25 for each page. Marriage licenses are available on-line at www.southcarolinaprobate.net.
- Can someone else pick up my marriage license for me?
- Yes - at the time of application, the bride and groom must be present and complete a form to designate a person to pick up the marriage license.
- Will the marriage license expire?
- No, it will not expire but is valid for marriage only in South Carolina.
- How do I obtain a certified copy of my marriage license?
- You may come by our office Monday through Friday from 8:00AM - 4:30PM. The cost is $5.00 per copy. If you wish to send a request by mail, please send the groom's and bride's names, date of marriage, $5.00 fee (check or money order) and a self addressed stamped envelope. You may also use the link on the left side of this page to send an on-line request. PLEASE NOTE: due to our courier's schedule, requests for priority or express mail delivery must be made by 11 a.m. for same day pickup from the probate court.
- I had a death in my family, do I need to probate the estate and will I need an appointment?
- Please contact our office for all estate questions at (803) 684-8513. We will have to ask you a few questions before advising whether you will need to open an estate, but in most situations the probate process will be needed and will be of benefit to your family. Making an appointment is strongly recommended but is not required. If you are able to make an appointment a few days in advance, you may have less waiting time when you arrive at the office.
- How do I qualify to receive a $50 state income tax credit when applying for a marriage license?
- If a couple has completed a qualifying premarital preparation counseling course PRIOR to applying for the license, and presents a certificate of completion at the time of application, they may be eligible for a $50 non-refundable state income tax credit. The link to the form is on the left side of the Probate Court page. See S.C. Code 20-1-230 for further information.
- What if an applicant does not have a social security or resident alien number?
- In lieu of a social security number or resident alien card, the court will accept other documentation including a visa, passport, picture ID and other documentation appropriate to the visa status. Please contact the court for further information.