Colleton County Marriage License Records
The Colleton County Probate Court is responsible for issuing marriage licenses in Colleton County, South Carolina. Located in Walterboro, the county seat, this court handles all marriage license applications for the area. The Probate Court also has jurisdiction over estates, guardianships, conservatorships, and involuntary commitments. Colleton County marriage license records date back to 1911 and are kept on file at the Probate Court. Staff at the courthouse can help you with a new application or with finding a record from a past marriage. If you plan to wed in Colleton County or need a copy of a marriage certificate, the Probate Court is the office to contact.
Getting a Colleton County Marriage License
Both people who plan to marry must visit the Colleton County Probate Court in person. You cannot send just one person. Bring a valid photo ID, such as a driver's license or passport, along with your Social Security card. The court staff will give you a form to fill out. Both parties must sign the application together at the office.
South Carolina law requires a 24-hour waiting period after you file the application. Under Section 20-1-220, no marriage license may be issued until a written application has been on file for at least 24 hours. This means you cannot pick up your Colleton County marriage license on the same day you apply. Plan to visit at least one full business day before you need the license in hand.
Once the waiting period ends, return to the Probate Court to pick up the license. The Colleton County marriage license is valid for use anywhere in South Carolina. There is no expiration date set by state law, but it is best to use it soon after you receive it.
Colleton County Marriage License Requirements
State law sets the rules for who can obtain a marriage license. Both people must be at least 16 years old. If either person is between 16 and 18, a parent or legal guardian must sign a sworn affidavit of consent. The Probate Court will also need to see a birth certificate or other proof of age for any minor applicant. These rules are found in Sections 20-1-250 and 20-1-260 of the South Carolina Code.
South Carolina has no blood test and no residency rule. You do not have to live in Colleton County or in the state to apply here. Out-of-state couples are welcome as long as they meet the basic requirements. Bring your photo ID and Social Security card. If you were married before, you must also bring your final divorce decree or the death certificate of your former spouse.
Colleton County Courts and Marriage Records
Colleton County has several courts, but only the Probate Court handles marriage licenses. The court system in Colleton County also includes the Magistrate Court, Walterboro Municipal Court, and Edisto Beach Municipal Court. Those courts deal with other matters. For anything related to a marriage license, the Probate Court is the sole office with authority.
The following image is from the McDougall Law Firm page on Colleton County courts, which describes the jurisdiction of each court in the county, including the Probate Court's role in issuing marriage licenses.
The Probate Court's jurisdiction goes beyond marriage licenses. It covers estates of deceased persons, guardianship of adults who cannot care for themselves, conservatorships for minors and incapacitated persons, and minor settlements of $25,000 or less. But for couples who want to get married, the marriage license counter is the part of the office they need.
Who Can Officiate in Colleton County
Once you have your Colleton County marriage license, you need an authorized person to lead the ceremony. South Carolina law limits who may officiate. Under Section 20-1-20, the following people are authorized:
- Ministers of the Gospel
- Jewish rabbis
- Officers authorized to administer oaths in South Carolina
- Chief or spiritual leader of a state-recognized Native American Indian entity
The officiant signs the marriage certificate after the ceremony. They must then return the signed document to the Colleton County Probate Court. The court records the certificate and sends a copy to the state Division of Vital Records within 15 days, as required by Section 20-1-340.
Marriage License Fees in Colleton County
South Carolina adds a $20 surcharge to every marriage license fee. This extra amount goes to the Domestic Violence Fund under Section 20-1-375. The total cost varies by county, so call the Colleton County Probate Court to confirm the current fee before you go. Most courts accept cash. Some also take money orders or checks. Credit card availability depends on the office.
Plan to bring the exact payment when you visit. The fee is due at the time you file the application. It is not refundable even if you change your mind about the wedding.
Colleton County Marriage Certificate Copies
The Colleton County Probate Court keeps marriage records from 1911 to the present day. If you need a certified copy of your marriage certificate, contact the court directly. You will need to provide the full names of both people on the record and the date of the marriage. Bring a valid photo ID when you visit the court.
The image below is from the Colleton County Government website, which provides information about county services including those offered by the Probate Court.
For marriages that took place between July 1950 and December 2023, you can also request a copy from the South Carolina Department of Public Health in Columbia. The state charges a $12 search fee by mail or $17 for expedited service. For records outside that date range, the Colleton County Probate Court is your primary source.
Premarital Preparation Course Credit
South Carolina provides a one-time $50 state income tax credit for couples who finish a qualifying premarital preparation course. The course must be at least six hours. It can be taught by a licensed counselor or an active member of the clergy. Both people must attend together, not on their own. You must complete the course within 12 months before you apply for the marriage license.
When you apply at the Colleton County Probate Court, bring proof that you completed the course. The court will note it on your license. This credit is set out in Section 20-1-230 of the South Carolina Code of Laws.
State Vital Records for Colleton County Marriages
After a wedding takes place, the officiant must return the signed marriage certificate to the Probate Court. The court records it and sends one copy to the South Carolina Division of Vital Records. This process is required under Section 20-1-340 of state law. It creates a central record of every marriage in South Carolina.
If you are doing family history research, the Colleton County Probate Court can help with searches through their local files going back to 1911. The state vital records office and the South Carolina Department of Archives and History may also have useful documents for genealogy work. Older records may take more time to locate, so plan ahead if your research involves dates near the beginning of the county's record keeping.
Common Questions About Colleton County Marriage Licenses
Many couples ask if they can apply online. At this time, both people must appear in person at the Colleton County Probate Court. There is no online option for the marriage license application. You also cannot apply by mail or phone.
Another common question is about the waiting period. The 24-hour rule is set by state law and cannot be waived. Apply at least one business day before your planned ceremony. The clock starts from the hour the court receives your application.
Some couples wonder if the license works in other states. A Colleton County marriage license is only valid for ceremonies held in South Carolina. But a marriage performed under a valid South Carolina license is generally recognized in all 50 states. You can use the license at any location within South Carolina, not just in Colleton County.
If you lost your marriage certificate, you can request a certified copy from the Colleton County Probate Court or from the state vital records office in Columbia.