803.642.2002 | 803.642.2007
Probate Court assists the citizens of Aiken County in the probating of estates of deceased persons. The Probate Court issues marriage licenses, assists in the involuntary commitment process of individuals for alcohol/drug addiction, mental illness, mental retardation, and/or tuberculosis through preparation of sworn petitions and presiding over hearings on same. The Probate Court appoints guardians and conservators for minors and incapacitated adults and monitors the administration of their estates. Settlements of litigation on behalf of minors not to exceed $25,000 are approved by the Probate Court as are wrongful death settlements.
Probate Court matters are generally conducted without a jury, but under state law, parties have the right to request a jury trial.
The Aiken County Probate Court is a service Court, and does not require citizenry to obtain the assistance of legal counsel for the purpose of administering estates in most cases, although it welcomes attorney assistance and representation.
The Probate Judge is elected countywide by popular vote and serves a four-year term. Probate Court maintains records of estates and marriage licenses.
Current Probate Court fees are available here.