Title 15, Chapter 9, Section 37
( 15-9-37)
(a) It is the duty of clerks of the probate courts, or the judges of
the probate courts acting as such: (1) To issue all citations required by law and to administer all
oaths incident to the business of the court; (2) To grant temporary letters of administration; (3) To grant marriage licenses; (4) To issue all writs of fieri facias for costs on all judgments
of the judge or other process necessary to enforce them; (5) To issue subpoenas for witnesses and all similar process in
connection with a trial; (6) To issue any paper or process by order of the judge and
bearing teste in his name; (7) To keep fair and regular minutes of each session of the court
entered in a suitable book and perform such other services as the
judge may require; but any minutes, dockets, or other records
required to be kept as records of the probate court under this
paragraph or paragraph (8) of this subsection or under any other
law may be combined into one or more suitable books, as the ends
of justice require, but in any case shall be indexed, permanent,
economical, and accessible to the public; (8) To keep in their offices a suitable book for each of the
following purposes: (A) Record of wills; (B) Record of all letters of administration and guardianship; (C) Record of all bonds given by administrators and guardians; (D) Record of all appraisements, inventories, and schedules; (E) Record of all accounts of sales; (F) Record of all current accounts authorized to be made to the
judge, together with the vouchers accompanying the same; (G) Record of all marriage licenses and the returns thereon; (H) Record of all official bonds required to be recorded in the
office of the judge; and (I) Docket in which to enter all applications and other
proceedings, in the order they are made, which shall be called
in like order at each session; (9) To procure and preserve for public inspection a complete file
of all newspaper issues in which their advertisements actually
appear; (10) To keep their books and papers arranged, filed, labeled, and
indexed, as clerks are required to do; (11) To give transcripts likewise as clerks are required to do,
and when the judge of the probate court and the clerk are the same
person, so to state in the certificates; (12) To keep and maintain facilities for the filing of wills of
persons who are still alive; and (13) To perform any other duty required of them by law or which is
indispensable to those required. (b) Nothing in this Code section shall restrict or otherwise
prohibit a clerk or a probate judge acting as such from electing to
store for computer retrieval any or all records, dockets, indices,
or files; nor shall a clerk or a probate judge acting as such be
prohibited from combining or consolidating any books, dockets,
files, or indices in connection with the filing for record of papers
of the kind specified in this Code section or any other law,
provided that any automated or computerized record-keeping method or
system shall provide for the systematic and safe preservation and
retrieval of all books, dockets, records, or indices. When the
clerk or a probate judge acting as such elects to store for computer
retrieval any or all records, the same data elements used in a
manual system shall be used, and the same integrity and security
maintained. |