Overview
Lee County is located in South Carolina with a population of approximately 16,000. The Lee 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 (South Carolina Probate Code). The process begins with filing a Application/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.
Small Estate Procedures: South Carolina offers a simplified process for small estates. If the value of the decedent's probate estate (less liens and encumbrances) is $25,000 or less, a successor may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period.
Statutory Fees: South Carolina law sets probate court fees based on the value of the probate estate. Personal representatives and attorneys are entitled to reasonable compensation, though the state does not mandate a specific percentage schedule for attorney fees; they must be reasonable based on factors like time and complexity.
This guide provides an informational overview of the Lee 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
Lee County Probate Court
Probate matters in Lee County are handled at the Lee County Courthouse.
Address: 123 S. Main Street, Bishopville, SC 29010
Mailing Address: P.O. Box 24, Bishopville, SC 29010
Phone: (803) 484-5341 (Ext. 3155)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Probate Court is presided over by Judge Michael A. Davis. It is located in the historic county courthouse in downtown Bishopville.
Parking and Access
Public parking is available on the streets surrounding the courthouse and in nearby public lots. The building is accessible to the public during business hours.
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 $25,000 or less, you may be able to use the Affidavit for Collection of Personal Property (Form 420ES) after 30 days.
- Summary Administration: Available for estates where the value does not exceed the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses, and reasonable medical expenses of the last illness.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application/Petition for Probate (Form 300ES) with the Lee County Probate Court. Include:
- Original Will (if one exists)
- Certified Death Certificate
- Filing Fee (varies by estate value, see below)
- Renunciations/Nominations (if applicable)
Step 3: Provide Notice
After filing, you must:
- Mail notice (Information to Heirs and Devisees - Form 305ES) to all heirs and beneficiaries within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Lee County (typically the Lee County Observer) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if paperwork is in order. For formal probate (contested or complex cases), the court will schedule a hearing. If approved, the judge issues Letters Testamentary or Letters of Administration.
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.
- Pay Creditors: Allow the 8-month creditor claim period to expire (from date of first publication).
- Pay Taxes: File necessary state and federal tax returns.
- Distribute Assets: Distribute remaining assets to beneficiaries/heirs.
- Close the Estate: File a Final Accounting and Petition for Discharge/Closing (Form 410ES or similar).
Local Requirements
Lee County-Specific Procedures
- Appointments: The court often requires or strongly recommends appointments for opening new estates. Call 803-483-3156 or 803-483-3157 to schedule.
- Publication: The Lee County Observer is the standard newspaper for publishing the Notice to Creditors. The court can often assist with facilitating this publication.
- Forms: Lee County utilizes the standard South Carolina State Court forms (Form #300 series).
- Payment: The court typically accepts cash, money orders, or local checks. Confirm credit card availability before visiting.
Timeline & Fees
Filing Fees (Lee County)
Fees are based on the gross value of the probate estate:
- 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 + 0.15% of excess over $100,000
- $600,000 and above: $845.00 + 0.25% of excess over $600,000
Other Costs:
- Publication: Approximately $102.00 (Lee County Observer)
- Certified Copies: ~$5.00 per copy (varies)
Payment Methods
The court accepts cash, checks, and money orders.
Estimated Timelines
- Small Estates: 30-60 days
- Simple Estates: 8-12 months (due to the 8-month creditor period)
- Complex Estates: 12 months to 2+ years
Local Resources
Lee County Court Resources
- Court Website: leecountysc.org
- SC Judicial Branch Forms: sccourts.org
- Case Search: southcarolinaprobate.net
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral: scbar.org
- South Carolina Legal Services: (888) 346-5592
Publication
- Lee County Observer: (803) 484-9431 — pmg-sc.com/lee_county_observer