Probate judge qualifications

2025-2026 Bill 4965: Probate judge qualifications - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4965
STATUS INFORMATION
General Bill
Sponsors: Rep. Jordan
Document Path: LC-0211AHB26.docx
Introduced in the House on January 15, 2026
Currently residing in the House Committee on
Judiciary
Summary: Probate judge qualifications
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/15/2026

House

Introduced and read first time (
House Journal-page 26
)

1/15/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 26
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/15/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
14-23-1040
, RELATING TO QUALIFICATIONS OF PROBATE JUDGES, SO AS TO
REVISE THE QUALIFICATIONS FOR PROBATE JUDGES IN COUNTIES GREATER THAN FIFTY
THOUSAND IN POPULATION, AND TO GRANDFATHER THOSE PROBATE JUDGES CURRENTLY
SERVING.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
14-23-1040
of the S.C. Code is amended to read:

S
ection
14-23-1040
.
(
A)
No person is eligible to hold the office of judge of
probate who
is not
at the time of his election
:

(
1) is not
a citizen of the
United States and of this State
,
;

(
2)
has not attained the age
of twenty-one years upon his election
,
;

(
3)
has not become a qualified
elector of the county in which he is to be a judge
,
;
and

(
4)
has not received a
four-year bachelor's degree from an accredited post-secondary institution or if
he has received no degree he must have four years' experience as an employee in
a probate judge's office in this State.

(
B) In counties with populations in
excess of fifty thousand citizens and notwithstanding the provisions of
subsection (A)(2) and (4), no person is eligible to hold the office of judge of
probate who at the time of his election:

(
1) has not attained the age of
twenty-five years upon his election; and

(
2) is not a licensed attorney in
good standing in this State or, if not a licensed attorney in good standing in
this State, the probate judge must hire a staff attorney within a reasonable
time of his election.

S
ECTION 2. The
provisions of Section
14-23-1040
(A)(4) and (B) do not apply to a probate judge
currently serving in office on or before the effective date of this act.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 15, 2026 at 11:12 AM