| The forerunner to the Probate Court was the Court of the Ordinary. The founding of the Colony in 1670 led to the creation of the original Probate Court. In the court's early days, the Royal Governors or their secretaries were the only Ordinaries in the province. Beginning in 1778, the S.C. Commons House of Assembly was to appoint Ordinaries for each of the province's seven court districts; however, due to the presence of British forces in South Carolina, no District Ordinaries were appointed until 1782. |
| In 1787, duties of the District Ordinaries were transferred to county courts. County courts were abolished in 1799. Within the year, the S.C. General Assembly created 24 circuit court districts whose Ordinaries they appointed until 1815 when they became elected. |
| The S.C. Constitution of 1868 replaced the Court of the Ordinary with the Probate Court. Changes to the S.C. Constitution in 1895 required the Probate Court to be dependent on the General Assembly for funding and legal procedures. |
| Unlike other judges in South Carolina, the probate judge is selected by popular election to a four-year term. |