Blair Cato Pickren Casterline serves clients from multiple offices across South Carolina. Their estate planning attorneys help clients create wills and trusts while guiding families through the probate process.
What to Do When Someone Dies in Lexington County, South Carolina
How probate works in Lexington County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Lexington County Probate Court
Lexington County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
205 East Main Street, Suite 134, Lexington, SC 29072-3585
Website
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
Filing in person
Walk-ins acceptedA completed application for a full estate can be mailed or dropped off at Suite 134. For a small estate affidavit, the court recommends calling to schedule an appointment with an estate clerk, or the paperwork can be mailed.
Self-represented filing
AllowedThe county forms page carries the Estate Instructions and the opening, claims, accounting, closing and small estate forms. The court mails a package of the forms for a full estate on request.
Accepted payment
- At the counterCheck.An estate opens with two checks: the filing fee payable to the County of Lexington and the notice to creditors payable to the newspaper the filer picks from the court list.
County forms
- Estate InstructionsThe court's instructions for opening and administering an estate in Lexington County.
Fax
1-803-785-8199
About the court
- The court is on the main floor of the Lexington County Judicial Center at the corner of East Main Street (US-1) and South Lake Drive (SC-6). Estate filing questions go to the main number or to the estate specialist assigned by the first letter of the estate's last name.
Verified October 16, 2026 · Source
How Probate Works in Lexington 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 Lexington County, probate runs through the Probate Court at 205 East Main Street, Suite 134, Lexington.
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 Lexington County
What probate costs in Lexington 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 205 East Main Street, Suite 134, Lexington.
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 Lexington 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 Lexington County Self-Filing Assessment.
Lexington 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
File FORM 300ES PETITION/APPLICATION for APPOINTMENT to open estate
Court provides a package with most forms needed for the entire process.
SourcePetition must be signed and notarized; return with copy of death certificate
SourceOriginal documents required -- faxed documents not accepted
SourceProcessing time: 1-3 weeks for estate to be opened after filing; full probate typically 8 months to 1 year
SourceThe court prepares the notice to creditors once the estate opens, and it is published for three weeks in one of the Lexington County newspapers the filer chooses
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 Lexington County
In Lexington 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
Lexington 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
Lexington County · Lexington County Coroner
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
1072 South Lake Drive, Lexington, SC 29073
Website
Cremation authorization
Signed by this office
Mail and offices
Fax
1-803-785-8492
Verified November 3, 2026 · Source
Transferring Property in Lexington 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 Lexington County are recorded with the Register of Deeds at 212 South Lake Drive, Suite 301, Lexington, SC 29072. Phone: 1-803-785-8168. Hours: Monday-Friday 8:00 AM-5:00 PM.
The Register of Deeds charges $15 flat, regardless of page count.
Lexington County accepts electronic recording through Hopdox, CSC, ePN and Simplifile.
Recording Office Record
Register of Deeds
Lexington County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
212 South Lake Drive, Suite 301, Lexington, SC 29072
Website
Fees
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 Lexington County
South Carolina allows informal probate, so many families settle straightforward estates in Lexington 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 Lexington 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.
Clark Law Office specializes in estate planning, wills, trusts, powers of attorney, and probate administration in Lexington, South Carolina. Founded by Gail Clark, the firm helps families manage and protect assets and efficiently transfer them to intended beneficiaries.
Collins Family & Elder Law Group provides estate planning, family law, and elder law services from 15 offices across North and South Carolina. The Columbia office offers guidance on wills, trusts, powers of attorney, guardianships, conservatorships, and estate administration.
Columbia estate planning and probate practice on Devine Street serving Richland and Lexington counties. Work includes probate administration, summary administration, and trust administration for successor trustees, alongside planning for taxable and nontaxable estates. Owner Erin A. Cook is certified by the SC Supreme Court as a Specialist in Estate Planning and Probate Law.
Hardy Law Firm focuses on estate planning, probate, elder law, and business law in Lexington, South Carolina. Kevin Hardy prepares wills, living wills, trusts, health care powers of attorney, and durable powers of attorney for clients across the Midlands.
LawyerLisa handles probate across South Carolina from Irmo in the Midlands and offices in Simpsonville, Aiken, Bluffton, Mount Pleasant, and Myrtle Beach. The firm represents proposed personal representatives through appointment and their duties, preparing filings such as the Information to Heirs and Devisees and the Inventory and Appraisement. It also handles elder law and trust administration.
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.
- Lexington County Probate Court, official page
- Lexington County Register of Deeds, official page
- Lexington 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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