Overview
Lancaster County is located in South Carolina with a population of approximately 108,000. The Lancaster 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 Title 62 of the South Carolina Code of Laws. 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.
South Carolina offers a simplified process for small estates. If the value of the decedent's probate assets (less liens and encumbrances) is $45,000 or less, successors may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period. Note: The threshold was increased from $25,000 to $45,000 effective May 8, 2025, per 2025 Act No. 26 (H.3472). Official state forms may still show the previous $25,000 threshold but the current statutory limit is $45,000.
South Carolina law allows personal representatives to receive a commission not to exceed 5% of the appraised value of the personal property of the estate plus the sales proceeds of real property, unless the will specifies otherwise or an agreement is reached.
This guide provides an informational overview of the Lancaster 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
Lancaster County Probate Court
Probate matters in Lancaster County are handled at the Lancaster County Courthouse.
Address: 104 N Main Street, Lancaster, SC 29720
Phone: (803) 283-3379
Hours: Monday through Friday, 8:30 AM to 5:00 PM (contact court to confirm current hours)
The Probate Court is presided over by Judge Mary Rathel. It is located in the historic courthouse building in downtown Lancaster.
Parking and Access
Public parking is available at a lot located at 202 N Main Street (corner of Main Street and Meeting Street). Additional parking is located behind the courthouse with entrances at Dunlap and Meeting Streets. Visitors must pass through 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 is valued at $45,000 or less (less liens/encumbrances), you may file an Affidavit for Collection of Personal Property (Form 420ES) 30 days after death. The threshold was increased to $45,000 effective May 8, 2025; official forms may still reference the previous $25,000 limit.
- Summary Administration: Available if the value of the estate does not exceed $45,000, allowing the Personal Representative to immediately disburse assets and close the estate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Application/Petition for Probate (Form 300ES) with the Lancaster 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 PR is out-of-state)
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 Lancaster County (typically The Lancaster News) once a week for three successive weeks.
Step 4: Attend the Hearing
Formal probate may require a hearing, especially if the will is contested or appointment is opposed. For informal probate (most common), the court clerk reviews the application and issues Letters Testamentary or Letters of Administration without a formal hearing if all paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow the creditor claim period to expire (8 months from first publication)
- Inventory and Appraise all estate assets and file the Inventory and Appraisement (Form 350ES) within 90 days of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Accounting and Proposal for Distribution (Form 410ES) to close the estate
Local Requirements
Lancaster County-Specific Procedures
- Publication: The court typically facilitates the publication of the Notice to Creditors in The Lancaster News. The fee is approximately $100.
- Filing Fees: Fees are calculated based on the value of the probate estate.
- Local Forms: While the court uses standard South Carolina state forms (SCCA), always check with the clerk for any county-specific cover sheets or procedural requirements.
- E-Filing: South Carolina is transitioning to e-filing; check with the Lancaster County Probate Court for current e-filing availability and requirements for new estate cases.
Timeline & Fees
Filing Fees (Lancaster 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 amount over $100,000
- $600,000 and above: See court schedule (fees cap at $5,000 for very large estates)
- Publication costs: approximately $100 (payable to The Lancaster News)
- Certified copies: $5.00 per copy
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 8-12 months (due to mandatory 8-month creditor period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The 8-month creditor claim period is the primary factor determining the minimum duration of probate in South Carolina.
Local Resources
Lancaster County Court Resources
- Court Website: lancastercountysc.gov/366/Probate-Court
- SC Judicial Branch Forms: sccourts.org/court-forms
- Probate Self-Help: sccourts.org/self-help-resources
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
- The Lancaster News: (803) 283-1133 — Newspaper of general circulation for probate notices.