WeVote
Log In

Bill

TI

Bill

S 1140

Probate Courts

2025-2026 Regular Session Introduced by Tameika Isaac Devine

The bill tightens probate judge qualifications to require a law degree or active SC attorney license (or 14 years probate office experience if no degree) and imposes a mandatory si

Referred to Committee on Judiciary
0
WeVote Research Nonpartisan
Bill Summary · S 1140

Summary of Bill S. 1140 (Session 2025-2026) – South Carolina

Purpose and Intent

  • Modify qualifications for probate judges and update the duties and training requirements for clerks of the probate courts in South Carolina.
  • The overarching aim is to ensure probate judges are licensed attorneys in good standing with substantial experience, and to mandate ongoing education for probate court clerks.

Key Provisions

1) Qualifications for Probate Judges (Section 14-23-1040)

  • Revisions to eligibility at the time of election:
    • A person must be a United States citizen and a South Carolina citizen.
    • Must be at least 21 years old.
    • Must be a qualified elector of the county where elected.
    • Must meet one of the following academic/experience requirements:
    • Hold a four-year bachelor’s degree from an accredited institution; OR
    • If no degree, must be a licensed attorney in good standing in South Carolina, OR
    • In lieu of a degree, must have 14 years of experience as an employee in a probate judge’s office in South Carolina.
  • Overall effect: The bill tightens eligibility to require either an active law license in good standing or substantial probate office experience (14 years) if no degree is held, and explicitly requires a bachelor’s degree for those with a degree path. It eliminates other pathways that may have allowed non-attorney candidates with limited probate office experience.

2) Clerks of the Probate Courts – Duties and Continuing Education (Section 14-23-1100)

  • Duties (Section 14-23-1100(A)):
    • Clerks must maintain accurate records of orders, sentences, decrees, licenses, and related court documents.
    • Clerks may issue and certify various probate-related documents (appointments, qualifications, wills, probate records, appraisals, marriage licenses, etc.).
    • Clerks handle administrative tasks such as publishing citations for administration appointments, filing index forms for real property, and preparing forms to obtain insurance benefits in intestate estates.
    • Clerks may perform acts such as examining uncontested accountings, issuing notices, and, with the judge’s control, issuing necessary orders for hearings.
    • If a matter is uncontested, the clerk may hear and determine it with judgments/decrees that have the same effect as if issued by the judge, provided the judge may modify within 30 days.
    • Prohibition: No person may practice as an attorney or counselor at law in the court where they serve as clerk.
  • Continuing Education (Section 14-23-1100(B)):
    • Each clerk must complete six hours of mandatory continuing education specific to the probate court by December 31 each year.
  • General note: The section clarifies clerks’ powers and duties and enshrines a mandatory annual CE requirement to promote ongoing professional development.

Who/What is Affected

  • Prospective and current probate judges in South Carolina:
    • Must meet the revised qualification criteria (degree or licensed attorney with good standing, or 14 years probate office experience if no degree).
  • Clerks of the probate courts:
    • Subject to the explicit continuing education requirement (6 hours annually).
    • Subject to clarified duties and limitations (e.g., cannot practice law within the probate court while serving as clerk).

Procedural and Timeline Details

  • Effective date: The act takes effect upon approval by the Governor.
  • Implementation considerations:
    • The changes to qualifications could affect ongoing and future probate judge appointments, potentially reducing eligibility pools or requiring credential adjustments for current candidates.
    • The continuing education mandate for clerks is annual, with a deadline of December 31 each year.

Practical Implications

  • For candidates: Increased emphasis on legal credentials or long-term probate office experience; potential impact on those who previously qualified under broader standards.
  • For clerks: A standardized, mandatory education requirement could improve consistency in probate court administration and a clearer standard for professional development.
  • For counties: May influence recruitment and training budgets to ensure compliance with new CE requirements.

Notable Details

  • Sponsor (Co-sponsor): Tameika Isaac Devine
  • Action history: Introduced and read first time on 2026-04-22; referred to the Committee on Judiciary
  • Version: Bill text specifies the exact statutory amendments to Sections 14-23-1040 and 14-23-1100.

If you’d like, I can provide a side-by-side comparison of current law vs. proposed changes or a plain-language FAQ for residents about how this may affect probate court proceedings.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.