Overview
Lexington County is located in South Carolina with a population of approximately 313,774. The Lexington 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 an Application/Petition for Probate of Will and Appointment of Personal Representative (Form 300ES) to admit the will and appoint a personal representative. The court then issues Certificates of Appointment (often referred to as Letters Testamentary or Letters of Administration).
For smaller estates, South Carolina offers a simplified process known as the Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding. As of recent updates, this is available for estates valued at $25,000 or less (less liens and encumbrances), provided no real property is involved and at least 30 days have passed since death.
South Carolina probate fees are calculated based on the gross value of the probate estate. For example, estates valued between $20,000 and $59,999 have a filing fee of $67.50, while larger estates are calculated using a percentage formula.
This guide provides an informational overview of the Lexington 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
Lexington County Probate Court
Probate matters in Lexington County are handled at the Lexington County Judicial Center.
Address: 205 East Main Street, Suite 134, Lexington, SC 29072
Phone: (803) 785-8324 (Estate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is located on the first floor of the Judicial Center. The court is presided over by the Probate Judge, currently Judge Dan Eckstrom.
Parking and Access
Public parking is available in the lots surrounding the Judicial Center and along Main Street. Visitors must pass through security screening upon entering the building.
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 $25,000 or less (net of liens), you may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period.
- Summary Administration: Available if the value of the estate 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 of Will and Appointment of Personal Representative (Form 300ES) with the Lexington County Probate Court. Include:
- Original Last Will and Testament and codicils (if any)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Copy of the obituary (often requested by local practice)
- Appointment of Agent for Service of Process (if the Personal Representative is out-of-state)
Lexington County allows for e-filing in some instances, but initial pleadings often require original documents. Check with the court for current e-filing protocols.
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 Lexington County (such as the Lexington County Chronicle) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required unless the will is contested or there are irregularities. The clerk will review the application and, if approved, issue Fiduciary Letters/Certificates of Appointment. Formal probate (requested via Summons and Petition) will require a hearing before the Judge.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and Appraise all estate assets and file the Inventory and Appraisement (Form 350ES) within 90 days of appointment.
- Pay valid creditor claims after the creditor claim period expires (8 months from first publication).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Accounting, Proposal for Distribution, and Petition for Settlement to close the estate.
Local Requirements
Lexington County-Specific Procedures
- Appointment Required: The court recommends calling (803) 785-8324 to schedule an appointment to open an estate.
- Original Will: The original Will must be delivered to the court; copies are generally not accepted for probate without a formal hearing.
- Proof of Delivery: You must file Proof of Delivery (Form 120PC) to confirm that required notices were sent to interested parties.
- Publication: The court typically prepares the Notice to Creditors for publication, but the Personal Representative is responsible for the publication cost, which is paid directly to the newspaper.
Always check the latest "Estate Administration Instructions" provided by the Lexington County Probate Court for the most current local rules.
Timeline & Fees
Filing Fees (Lexington 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 plus 0.15% of the amount over $100,000
- $600,000 and above: $845.00 plus 0.25% of the amount over $600,000
- Certified copies of Letters: $5.00 per copy (approximate)
- Publication costs: Approximately $65 - $120 depending on the newspaper
- Recording Will only: $10.00
South Carolina law provides that a Personal Representative is entitled to a commission not to exceed 5% of the appraised value of the personal property of the estate, plus 5% of income earned during administration, unless the will specifies otherwise or the PR waives the fee.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Informal): 8-12 months (minimum 8 months for creditor period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The statutory creditor claim period in South Carolina is 8 months from the date of the first publication of the Notice to Creditors.
Local Resources
Lexington County Court Resources
- Court Website: lex-co.sc.gov
- Probate Self-Help: SC Courts 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
- Lexington County Chronicle: (803) 359-7633 — lexingtonchronicle.com