Overview
Aiken County is located in South Carolina with a population of approximately 179,245. The Aiken County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
South Carolina probate is governed by the South Carolina Probate Code (Title 62). The process begins with filing a Petition for Probate (Form 300ES) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For smaller estates, South Carolina offers a simplified process. As of May 2025, the Small Estate Affidavit procedure is available for estates valued at $45,000 or less (previously $25,000), provided no real property is involved and at least 30 days have passed since death. Note: The state Form 420ES may still display the previous $25,000 threshold until updated; verify current requirements with the court.
South Carolina law provides for a statutory fee schedule based on the value of the probate estate. Attorneys and personal representatives are entitled to reasonable compensation, though this is often subject to court approval or agreement by the heirs.
This guide provides an informational overview of the Aiken County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Aiken County Probate Court
Probate matters in Aiken County are handled at the Aiken County Judicial Center.
Address: 109 Park Ave SE, Room E126, Aiken, SC 29801
Mailing Address: P.O. Box 1576, Aiken, SC 29802-1576
Phone: (803) 642-2002 (Estates Division)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located on the first floor of the Judicial Center. The court handles estates, guardianships, conservatorships, and marriage licenses.
Parking and Access
Free public parking is generally available on the streets surrounding the Judicial Center (Park Avenue, Chesterfield Street). Visitors should be prepared for security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists only of personal property valued at $45,000 or less, you may qualify for this simplified process after a 30-day waiting period.
- Summary Administration: Available for estates where the value of the entire estate, less liens and encumbrances, does not exceed $45,000.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file the Application/Petition for Probate (Form 300ES) with the Aiken County Probate Court. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Appointment of Agent for Service (if the Personal Representative is out-of-state)
Appointments are often recommended for opening new estates. Call (803) 642-2002 to schedule.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Form 305ES) to all heirs and devisees within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Aiken County (typically the Aiken Standard) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, a hearing may be required. For informal probate (the most common method), the court registrar can often admit the will and appoint the personal representative without a hearing, provided all paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and Appraise assets: File the Inventory and Appraisement (Form 350ES) within 90 days of appointment.
- Notify Creditors: The creditor claim period expires 8 months from the date of the first publication of the notice to creditors.
- Pay valid claims and estate expenses.
- File tax returns (final individual and fiduciary income tax, if applicable).
- Distribute remaining assets to beneficiaries.
- File a Proposal for Distribution and Petition for Discharge to close the estate.
Local Requirements
Aiken County-Specific Procedures
- Appointments: The court strongly encourages calling ahead to make an appointment for opening an estate to ensure a clerk is available to assist you.
- Original Documents: The court requires the original Will and a certified Death Certificate; photocopies are generally not accepted for opening the file.
- Publication: The court will typically prepare the Notice to Creditors for you to take to the newspaper, or they may handle the transmission to the Aiken Standard for a fee. Confirm the current procedure with the clerk.
- Local Forms: While state forms are standard, Aiken County may have specific checklists or worksheets available at the court office.
Timeline & Fees
Filing Fees (Aiken County)
Fees are based on the value of the probate estate:
- Estate value under $5,000: $25.00
- $5,000 – $19,999: $45.00
- $20,000 – $59,999: $67.50
- $60,000 – $99,999: $95.00
- $100,000 – $599,999: $95.00 plus 0.15% of the amount over $100,000
- $600,000 and above: See court schedule (generally continues the percentage calculation)
Other Fees:
- Marriage License: ~$50.00 (varies by residency)
- Certified Copies: ~$5.00 - $10.00
- Publication Costs: Approximately $65 - $125 (paid directly to the newspaper)
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 8 months to 1 year (due to the mandatory 8-month creditor period).
- Average estates: 12 to 18 months.
- Complex or contested estates: 18 months to several years.
Local Resources
Aiken County Court Resources
- Court Website: aikencountysc.gov
- Probate Self-Help: sccourts.org/self-help
- South Carolina Probate Forms: sccourts.org/forms
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: (800) 868-2284 — scbar.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- Aiken Standard: (803) 648-2311 — aikenstandard.com