Probate Courts

2025-2026 Bill 1140: Probate Courts - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 1140
STATUS INFORMATION
General Bill
Sponsors: Senator Devine
Document Path: LC-0239AHB26.docx
Introduced in the Senate on April 22, 2026
Currently residing in the Senate Committee on
Judiciary
Summary: Probate Courts
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

4/22/2026

Senate

Introduced and read first time (
Senate Journal-page 6
)

4/22/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 6
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
04/22/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS
BY AMENDING SECTION
14-23-1040
, RELATING TO THE QUALIFICATIONS OF PROBATE
JUDGES TO HOLD THE OFFICE, SO AS TO REVISE THE QUALIFICATIONS AND PROVIDE THAT
NO PERSON IS ELIGIBLE TO THE HOLD THE OFFICE OF PROBATE JUDGE WHO IS NOT A
LICENSED ATTORNEY IN GOOD STANDING OR WHO HAS TEN YEARS' EXPERIENCE AS AN
EMPLOYEE IN A PROBATE JUDGE'S OFFICE; AND BY AMENDING SECTION
14-23-1100
,
RELATING TO THE DUTIES OF CLERKS OF THE PROBATE COURTS, SO AS TO PROVIDE A
CONTINUING EDUCATION REQUIREMENT FOR CLERKS OF THE PROBATE COURTS.

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
.
N
o
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
is not a
licensed attorney in good standing in this State or has

four
ten

years' experience as an employee in a probate judge's office in this State.

S
ECTION 2.
S
ection
14-23-1100
of the S.C.
Code is amended to read:

S
ection
14-23-1100
.
(
A)
The clerk shall keep a true and fair record of each
order, sentence, decree and license issued by the court, and of all other
things proper to be recorded. He shall also give true and attested copies of
instruments, documents and records of the court. He may execute and issue in
the name of the judge of probate the following: certificates of the appointment
and qualification of administrators, executors, guardians, committees and
testamentary trustees; certifications pertaining to, and certified copies of wills,
all probate court records, and statements or stipulations pertaining thereto;
warrants of appraisements in decedents' estates including appointment of
appraisers; and marriage licenses. He shall provide for the publication of the
citation required by law prior to the appointment of an administrator, and for
the issuance and filing in the office of the clerk of the court of common pleas
or of the register of mesne conveyance and the office of the county auditor the
index forms required by law pertaining to the devise or descent of real
property. He shall prepare and execute all forms necessary to obtain payment of
insurance benefits in connection with intestate estate being administered by
the probate court as provided by law. He may examine, vouch, and approve
uncontested accountings, and may execute and submit requisitions and claim
warrants for supplies and material needed for the operation of the court. He
may take acknowledgments and administer oaths, and, subject to the control of
the judge, may issue notices and make all necessary orders for the hearing of
any matter to be heard in the court. If a matter is not contested, he may hear
and determine it and make all orders, judgments and decrees in connection
therewith which the judge could make, subject to the same being set aside or
modified by the judge at any time within thirty days thereafter; and if not so
set aside or modified such orders, judgments and decrees made by the clerk
shall have the same effect as if made by the judge. No person shall practice as
an attorney or counselor at law in the court of which he is clerk.

(
B) Each clerk shall complete six
hours of mandatory continuing education specific to the probate court by
December thirty-first each year.

(
C)
Nothing in this section may be construed to preclude
use of a computer system or related equipment by a clerk of court in
performance of the duties prescribed in this section.

S
ECTION
3.
If any section, subsection, paragraph,
subparagraph, sentence, clause, phrase, or word of this act is for any reason
held to be unconstitutional or invalid, such holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this act, and each
and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

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

----XX----

This web page was last updated on April 22, 2026 at 7:55 PM