South Carolina Code of Laws
Chapter 23 - Probate Courts
Section 14-23-1040. Only qualified county electors eligible to office of judge or associate judge.

No person is eligible to hold the office of judge of probate who is not at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and 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.
HISTORY: 1976 Act No. 690 Art. V Section 4; 1988 Act No. 678, Part IV, Section 3, eff January 1, 1989.

Editor's Note
NOTE: The provision of Section 14-23-1040 requiring a four-year college degree or four years' experience as an employee in a probate judge's office in the State in order to serve as a probate judge has not been precleared by the U.S. Department of Justice and cannot be put into effect. See Section 5 of the Voting Rights Act of 1965, as amended.
1988 Act No. 678, Part II, Section 4, provides as follows:
Section 14-23-1040 of the 1976 Code does not apply to probate judges presently holding office upon January 1, 1989.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 14 - Courts

Chapter 23 - Probate Courts

Section 14-23-30. Election and term of judges.

Section 14-23-40. Bond and oaths.

Section 14-23-50. Filling of vacancies.

Section 14-23-60. Clerk of court shall act until vacancy filled.

Section 14-23-210. Appointment of times and places for holding courts; notice to interested parties.

Section 14-23-220. Court open at all times for certain business.

Section 14-23-230. Adjournment of court.

Section 14-23-250. Jurisdiction once acquired is exclusive.

Section 14-23-260. Jurisdiction shall not be collaterally impeached.

Section 14-23-280. Commencement of proceedings; procedure.

Section 14-23-290. Court may issue warrants and processes.

Section 14-23-300. Judge may administer oaths, and take depositions, affidavits, and other instruments; fees.

Section 14-23-310. Judge may punish for contempt.

Section 14-23-320. Power to commit to jail for refusal or neglect to perform order, sentence, or decree of court.

Section 14-23-330. Taking and use of deposition.

Section 14-23-340. Guardianship proceedings to be held in court of county where guardian was appointed.

Section 14-23-360. Enrollment of order or decree for payment of money.

Section 14-23-370. Order or decree as a lien or a judgment.

Section 14-23-380. Effect of enrollment on appeal; execution of order or decree after notice of appeal; when enrollment must be amended or vacated.

Section 14-23-390. Index of enrolled money decrees.

Section 14-23-400. Judges may issue executions.

Section 14-23-410. Prerequisites to issuance of executions.

Section 14-23-420. Recording satisfaction of execution.

Section 14-23-430. Form of warrant or process.

Section 14-23-440. Sheriff or constable shall execute orders or process.

Section 14-23-620. Judge shall make search and furnish copies of records; certification; fees.

Section 14-23-660. Manner of filing papers; index.

Section 14-23-670. Clerk shall file account of money remaining in court.

Section 14-23-680. Judge responsible for books, papers, and property of office; transfer to successor; violations.

Section 14-23-690. Successor to issue receipt for books, papers, and property of retiring judge.

Section 14-23-700. Liability of retiring judge or representative for failure to account; appropriation of damages.

Section 14-23-710. Authority to make investments and loans; interest notes.

Section 14-23-1010. Establishment.

Section 14-23-1020. Election and term of judges; filling of vacancies.

Section 14-23-1030. Associate judges.

Section 14-23-1040. Only qualified county electors eligible to office of judge or associate judge.

Section 14-23-1050. Bond.

Section 14-23-1070. Appointment of deputies; powers.

Section 14-23-1080. Judges shall not sit in certain cases.

Section 14-23-1090. Appointment and removal of clerk.

Section 14-23-1100. Duties of clerk.

Section 14-23-1110. Practice of law by judges or associate judges.

Section 14-23-1120. Court of record; seal.

Section 14-23-1130. Books, office equipment, office space, support personnel; index books.

Section 14-23-1140. Rules and regulations governing practice, procedure, and conduct of business.

Section 14-23-1150. Jurisdiction of judges.