Oconee County Probate Court Frequently Asked Questions:
Q. How do I apply for a Marriage License?
A. Both parties must appear in person to file the application. The Marriage License Fee in Oconee
County is $30.00 for SC residents or $45.00 for Out of State residents. A marriage ceremony is available for an
additional $10.00 for SC residents or $15.00 fot Out of State residents..The applicants must present a Driver’s
License or Photo ID and Social Security Card information.
Applicants under the age of 18 must also present a Certified Birth Certificate.
Applicants under the age of 18 must have parental consent, the minimum age to obtain a
license is 16. There is a 24 hour waiting period before the Marriage License can be issued.
The fee for a certified copy is $5.00.
Q. What is the procedure for Mental Health and Drug/Alcohol Commitments?
A. The Petitions for Commitment of allegedly mentally ill or chemically dependent individuals
are initiated through the Oconee Mental Health Clinic located at 115 Carter Park Drive, Seneca, SC 29672.
(Phone 885-0157) The completion of the Petition for Emergency Commitment empowers the Probate Court
to issue an Order of Detention for the individual in question to be evaluated.
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: How do I know if Oconee County is the correct Probate Court for me to call?
A: If the deceased was a permanent resident of Oconee County, was a non-resident holding
property in Oconee County, or had a right to take legal action in the county, the estate must
be administered through Oconee County Probate Court.
Q. What are the types of Probate?
A. Testate-Deceased had a valid
Intestate-Deceased had no will or an invalid will
Small Estate Affidavit – Deceased had personal property valued at less than $10,000 with no real estate
Will Filed Only-Deceased had no assets to probate
Q. What does it mean to Probate a will?
A. Probate means the Will is admitted as valid under South Carolina law. Informal probate
admits the will as valid. Formal probate requires a hearing to confirm the validity of the
will or the appointment of a Personal Representative when several have the same priority.
Q. What if the deceased did not have a will?
A. When someone dies without a will, his or her estate is called “intestate”. For an intestate
estate, state law spells out who inherits. If someone dies without a will and they are survived by a spouse and
children, the spouse receives 50% and the children share the other 50% of the estate. If the decedent had children
and his spouse was predeceased, the children would share the entire estate equally.
Q. Do I need an attorney to probate a Will?
A. For formal probate or appointment, the services of an attorney are recommended. For an
informal appointment or probate proceeding in a relatively simple estate, an attorney is
usually not necessary, However, if there is the possibility of someone contesting the Will
or if there is family discord or disagreement, seeking the services of an attorney is strongly
advised. Also, an attorney should prepare a Deed of Distribution for the transfer of real estate.
Q. What are the duties of the Personal Representative?
A. The Personal Representative is responsible for collecting, protecting and administering the
estate. This includes, but not limited to, giving Notice to all interested parties, filing an Inventory of the estate,
making sure assets are secure during probate period, paying required claims and costs,
and making sure the proper people get what they are entitled to receive.
Q. How can I get copies of Old Estate Records?
A. If you wish a copy of a particular estate file, write naming the decedent and the
approximate date of death. You will receive a cost estimate in reply to your query if
you enclose a Letter Size Self Addressed Envelope. The Probate Court Charges $.25 cents
per page or side for copies. Mail your request to: Oconee County Probate Court, PO Box 471,
Walhalla, SC 29691.