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South Carolina County Court, Probate, Tax and Other Miscellaneous Records

• South Carolina Court Records • South Carolina Probate Records •
• South Carolina Tax Records • South Carolina Land Records •

South Carolina Court Records

See Also Research In State Court Records

There is no effective substitute for an on-site search of county courthouse records. County level records have not yet been centralized. No single county's records have been significantly abstracted or transcribed, making a courthouse visit essential. County records vary widely from county to county in both quality and quantity.

Most courts in America are courts of record, that is, they are required by law to keep a record of their proceedings; South Carolina's courts are no exception. Understanding South Carolina's court system is challenging, but a researcher needs a basic understanding of the courts because their records are useful in genealogy.

Many court records have been microfilmed and are available at the South Carolina Department of Archives and History and the FHL. Most libraries and archives with genealogical collections have some printed abstracts of court records.

The Clerk of Court consist of The Court of Common Pleas and General Sessions. The Court of Common Pleas is the court of general jurisdiction over civil cases in Colleton County, excepting those cases in which the amount or value of property in dispute is less than $7,500. Cases involving money or property totaling less than $7,500 are heard in Small Claims Magistrates' Courts. The Court of General Sessions is the court of general jurisdiction over criminal cases in Colleton County, excepting most misdemeanor cases, which are usually adjudicated in the Magistrates' Courts.

 

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South Carolina Probate Records

See Also Research In State Probate Records

Probate records include wills, inventories, guardianship papers, estate papers, settlements, newspaper announcements, and numerous other documents. Researchers should be familiar with four terms: testate, intestate, primogeniture, and dower —all have importance in South Carolina research.

Probate Court has original jurisdiction over actions concerning the issuance of marriage licenses, the estate of a deceased person, the will of an individual, the estate of a minor or incapacitated person, trusts, and involuntary commitments.

 

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South Carolina Land Records

See Also Research In State Land Records

On January 1, 1998, the name of the office changed from Register of Mesne Conveyances (RMC) to Register of Deeds (RoD). Current office holders, whether appointed or elected, were authorized to keep the name of RMC during their tenure in office, however, after their term, the name is to change to RoD.

The duties of the Register of Deeds are set out by the Code of Laws of South Carolina. The proper recording of documents provides notice to subsequent purchasers or creditors of the interests of others in the property and establishes priority of claims against that property. Generally, all instruments conveying an interest in real property must be recorded in that county's Register of Deeds in order to be valid. Other documents of public interest may also be recorded by the Register of Deeds.

The Register of Deeds exists as a separate governmental office in 21 counties in South Carolina. In the remaining 25 counties, the functions are performed by the elected Clerk of Court.

The Register Of Deeds Office records land titles, leins and other documents related to property transaction in each County. The Register Of Deeds Office must assure that all recorded documents comply with the requirements of federal and state recording statutes and are available for public review.

 

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South Carolina Tax Records

See Also Researching in Tax Records

Most districts/counties have some tax records dating from 1800 to the present, with the majority of tax records dating from 1865. A fairly complete series from 1824, mostly of the Low Country districts, is available at the South Carolina Department of Archives and History. The South Carolina Department of Archives and History has originals of most extant tax lists, and microfilmed copies of county tax records are available at the South Carolina Department of Archives and History and the FHL.

 

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