Khaled Law Firm provides elder law, estate planning, trust administration, Medicaid asset protection, and probate services across the greater Rock Hill area. Julia Khaled has over 20 years of experience in elder law and also holds a Master of Social Work.
What to Do When Someone Dies in Lancaster County, South Carolina
How probate works in Lancaster County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Lancaster County Probate Court
Lancaster County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
104 North Main Street, Lancaster, SC 29720
Website
Self-represented filing
Allowed
Self-help forms
Self-represented filing
AllowedThe court publishes an Estate Opening Packet, an "Overview of Probating an Estate" guide, a Small Estate Affidavit and a "Documents To Bring With You" checklist. The court cannot advise on matters it must decide.
County forms
- Estate Opening PacketWorksheet of the decedent's assets and family completed before the court opens an estate.
- Overview of Probating an EstateThe court's step-by-step guide to opening, administering and closing an estate, with its fee table.
- Documents To Bring With You When Opening An EstateChecklist of what to bring for an estate with a will, without a will, a small estate affidavit or a will filed only.
P.O. Box 1809
Lancaster, SC 29720
Fax
1-877-636-7961
About the court
- The courthouse is a secure facility. Purses, backpacks or bags, lighters, electronic devices other than cellphones, and sharp items are not allowed inside.
Verified October 16, 2026 · Source
How Probate Works in Lancaster County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Lancaster County, probate runs through the Probate Court at 104 North Main Street, Lancaster.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under South Carolina intestacy law when there is no will.
Most South Carolina estates take 9 months to 18 months to move through this process. Creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Lancaster County
What probate costs in Lancaster County, South Carolina comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 104 North Main Street, Lancaster.
Procedures at this court that affect cost: The court places the notice to creditors in The Lancaster News; the newspaper sets the fee, paid to The Lancaster News.
South Carolina charges $25 - $95 (graduated by the probate estate)S.C. Code Ann. § 8-21-770(B)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in South Carolina are negotiated, typically 2.1%Modeled estimate under S.C. Code § 62-3-721 (compensation of any person the PR employs, including an attorney); § 62-1-111 (costs and attorney's fees in a formal proceeding); § 62-3-720 (litigation expenses): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.3%Modeled estimate under S.C. Code § 62-3-721 (compensation of any person the PR employs, including an attorney); § 62-1-111 (costs and attorney's fees in a formal proceeding); § 62-3-720 (litigation expenses): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
South Carolina allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payS.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
South Carolina requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under S.C. Code § 62-3-603Verified Sep 8, 2026View source of estate value annually.
Probate in South Carolina typically runs 9 months to 18 months, and costs accrue throughout that period.
How to File Probate at the Probate Court
Probate cases in Lancaster County are filed at the Probate Court. File in person during business hours or by mail.
Can You File Without an Attorney?
South Carolina has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.
For a full cost comparison and filing checklist, see the Lancaster County Self-Filing Assessment.
Lancaster County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Regular estate: decedent owned real estate of any value, or personal property at or above the small-estate limit
SourceSmall estate: no real property, personal property total fair market value under $45,000
SourceRegular estate requires minimum 8-month open period for creditor claims
SourceCreditors have eight months from the first publication of the notice to creditors to file claims; the notice is published when the death was less than one year ago
SourceThe court suggests an estate account for every dollar of estate money, with claims paid by check
SourceDrop box for Probate Court filings located inside the Courthouse lobby; checked twice daily
SourceWhat to Bring
Filed with the opening petition at the Probate Court: Death certificate — county Probate Court intake practice, not required by Title 62 or by Form 300ES; the counties differ on form (Berkeley and Horry ask for a certified copy, Charleston for the original and "no copies", Lexington and York for a copy), so confirm with the county where the estate is opened; Original will and any codicils (S.C. Code Ann. § 62-2-901, delivery of will to court); Qualification / Statement of Acceptance of the personal representative (S.C. Code Ann. § 62-3-601); Fiduciary Bond (Form 341ES) when required (S.C. Code Ann. § 62-3-603)S.C. Code Ann. §§ 62-3-301 to 62-3-311 (informal probate and appointment); §§ 62-3-401 to 62-3-414 (formal testacy and appointment); § 62-3-601 (qualification before letters); § 62-3-603 (bond)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Lancaster County
In Lancaster County certified copies of the death certificate come from South Carolina Department of Public Health - Vital Records Section; the Local Health Department files the certificate and issues no copies to the public.
Vital Records Office Record
South Carolina Department of Public Health - Vital Records Section
Lancaster County · State vital records office
Phone
Hours
Monday, Tuesday, Thursday, Friday 8:30 AM-5:00 PM; Wednesday 9:30 AM-5:00 PM
Office
2600 Bull Street, Columbia, SC 29201
Website
Certified copies
From South Carolina Department of Public Health - Vital Records Section; the Local Health Department files the certificate and issues no copies to the public
Vital Records Section
P.O. Box 2046
West Columbia, SC 29171
Certified copy fees
| First certified copy | $12 |
| Each additional copy ordered at the same time | $3 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Lancaster County · Lancaster County Coroner
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
717 South Main Street, Lancaster, SC 29720
Website
Mail and offices
P.O. Box 1809
Lancaster, SC 29721
Fax
1-866-483-6241
Verified November 3, 2026 · Source
Transferring Property in Lancaster County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.
Deeds and other real property documents for Lancaster County are recorded with the Register of Deeds at 101 North Main Street, Lancaster, SC 29720. Phone: 1-803-416-9440.
Documents submitted by mail go to P.O. Box 1809, Lancaster, SC 29721.
The Register of Deeds charges $15 flat, regardless of page count.
Lancaster County accepts electronic recording through Simplifile and CSC.
Recording Office Record
Register of Deeds
Lancaster County
Phone
Office
101 North Main Street, Lancaster, SC 29720
Website
E-recording
P.O. Box 1809
Lancaster, SC 29721
Recording fees
| Flat fee (any length) | $15 |
S.C. Code Ann. 8-21-310(A)(1); S.C. Code Ann. 12-24-10 et seq.
Verified October 17, 2026 · Source
Probate Attorneys Serving Lancaster County
South Carolina allows informal probate, so many families settle straightforward estates in Lancaster County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in South Carolina are based on reasonable compensation, billed hourly or as a flat fee. Ask a Lancaster County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Morton & Gettys offers estate planning, probate administration and litigation, trust administration, and guardianship services from their Rock Hill office. The firm was recognized by U.S. News Best Law Firms.
Nosal & Jeter serves Fort Mill, Rock Hill, Tega Cay, and Indian Land in York and Lancaster counties, with a second office in Cornelius, NC. Its probate and trust administration practice assists executors and personal representatives with court filings, locating and notifying heirs, inventorying property, and selling and distributing assets. It also prepares wills and revocable living trusts.
Timi Poulos Clack, Attorney at Law, LLC is a general practice firm in the historic district of Chester handling estate planning, wills, powers of attorney, living wills, and probate administration, plus family law, real estate, and business matters for Chester County and surrounding counties.
Spartanburg general practice firm serving the Upstate since 1955. Its probate practice covers probate administration, wills and trusts, and estate litigation, alongside real estate, family law, and civil litigation.
Spartanburg firm whose estate practice covers probate administration and estate settlements, including probate forms, family settlement agreements, disclaimers, and federal estate tax returns. The firm also handles estate and trust litigation, and prepares wills, revocable and irrevocable trusts, and wealth transfer plans.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- S.C. Code § 62-3-301
- S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)
- S.C. Code Ann. § 8-21-770(B)
- S.C. Code Ann. §§ 62-3-301 to 62-3-311 (informal probate and appointment); §§ 62-3-401 to 62-3-414 (formal testacy and appointment); § 62-3-601 (qualification before letters); § 62-3-603 (bond)
- SC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806
- S.C. Code Ann. 8-21-310(A)(1); S.C. Code Ann. 12-24-10 et seq.
- Lancaster County Probate Court, official page
- Lancaster County Register of Deeds, official page
- Lancaster County vital records and death investigation offices, official page
Data sourced from South Carolina statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in South Carolina
Free tools for settling an estate in South Carolina: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in South Carolina: the personal representative files the estate inventory within 90 daysS.C. Code §§ 62-3-706, 62-3-707, 62-3-708Verified Sep 15, 2026View source of appointment; creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in South Carolina happens outside court: the trustee acts under the state's Uniform Trust CodeS.C. Code Ann. § 62-7-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 90 daysS.C. Code §§ 62-7-813, 62-7-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
South Carolina has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.
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