Why is my courthouse not giving me the estate probates?

Question

I was told by a lady working at the courthouse today that it is illegal to use the information for self gain.  She did not even ask what my purpose was except that I can look up the probates by last name in the database.  That is completely inconvenient because it is all estate probates since the 1980's!  It would take a very very long time to go through it all and record it, in addition I would have to do this on a regular basis just to find new leads.  Can someone shine some light onto the situation for me.  Maybe the legality of requesting this public information...

Rick H. · Answer

Federal Freedom of Information Act prevails to make access to public records available.

It is not the 'Freedom of Convenient and Easy to Access Information Act'

Your choices: learn how to research probate files yourself, pay someone else to research court files using data field criteria that you choose, or find a commercial data aggregator that compiles and resells data (typically on a subscription basis).

When I read your post it was obvious that you don't see the benefit of a barrier to entry, as you are lost in what is inconvenient to you. Remember, if it's a barrier to you, it's a barrier to competitors.

"What's bad is good and what's good is bad."

Jerry W. · Answer

@Brandon Monaghan, I cannot speak to S. Carolina law, but I have never heard of it being illegal to make money from info you get from a courthouse.  I can see maybe a law to prevent harassing next of kin withing say 90 days of passing.  They may not want someone calling a widow 2 days after her husband died and trying to get them to sign a contract.  I have never heard of any such law but ask a local attorney to be sure.  you might ask the local county attorney if there is a law against it.  If there is not he make correct the probate clerk so she quits breaking the freedom of information act.

Brandon Monaghan · Answer

Josh--- thank you that is very helpful!

Josh James · Answer

I am in Texas, so the process may be different, but this is what I would do. Hopefully some of it is relevant to you in SC. I suggest you go in person to the courthouse, with a notepad and a pencil. Ask to see the probate index. They should be recorded chronologically. You may be allowed to print the index, some clerks allow it, others do not. If not you can write down names, case numbers, and volumes and page numbers. You can then cross-index those names with the tax rolls to find property.

Probates with guardianships may not be completely available to you because of laws protecting minors. Another idea is to subscribe to the newspaper or a legal publication for the county or area which will publish the dockets of the probate court, and sometimes the cases as they are opened.

Edit: The sole function of the clerk is to record documents as prescribed by law, and then make those available to the public. They are not paid to help the public find the documents, nor are they paid to help the public in any other way. Don't expect them to help you.

Brandon Monaghan · Answer

Jonathan--- http://www3.charlestoncounty.org/docs/ProbateMain....

That is the link to the database search.  Please let me know if you have any suggestions!

Jonathan Quintanilla · Answer

When I was searching probates in Texas all they had was a website where you can search for Probates by date or first/last name. What website are you using exactly?

Also, as a side note, most databases allow wild card field entries ( * ), however what good is that if you can't sort it/view it by dates?

Brandon Monaghan · Answer

Jerry W-- I appreciate the feedback, thank you.

Brandon Monaghan · Answer

Rick Harmon--- I understand the Federal Freedom of Information Act and I understand that this is in a sense an advantage to having leads that are more difficult to come across because it eliminates a lot of competition.  However when you are denied, such as I was, and told that it could potentially be illegal to have access to this information for self gain then obviously I will have questions regarding the legality of the matter.  I am not an attorney and my knowledge of the law extends as far as the internet allows me to.

There is a database, yet it is set up in a way that you need to know the last name of the person you are searching and that is the extent of the "data field criteria" for my county.  There is no query that allows you to search anything more specific than first/last name, therefore I am searching through estate probates that date back to the 1980's and if you could imagine how extremely big that list is you would understand the inconvenience side to my argument.

I am not lazy and I work hard and diligently.  I know there is a more efficient way to do this and that is why I am seeking advice.

Ronald Perich · Answer

http://secure.adpay.com/searchresults.aspx?p=7892&...

You'll have to keep on top of it. Looks like they only have a few days worth of notices.

Arlan Potter · Answer

Another question,  if you find a property that is in the probate process, what do you do? Contact a potential heir and let them know you would be interested in buying their relatives house.

I would be interested in how that would work.  And if it would, why don't realtors do the same to get listings?

You might also drive around a look for houses with tall grass that look vacant. Might be another source.

Why is my courthouse not giving me the estate probates?

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