What to Do When Someone Dies in Lexington County, South Carolina
Probate in Lexington County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Lexington County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Probate Court
Lexington County
Address
Phone
Fax
Hours
Located on main floor of Lexington County Judicial Center at intersection of East Main Street (US-1) and South Lake Drive (SC-6). "What to Expect" process guide available online.
Verified July 5, 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 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source to 18 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source to move through this process. The 8 monthsS.C. Code § 62-3-803Verified Jul 14, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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.
Local procedures at this court: File FORM 300ES PETITION/APPLICATION FOR APPOINTMENT to open estate; Petition must be signed and notarized; return with copy of death certificate; Original documents required -- faxed documents NOT accepted. These are county-specific and not posted on the statewide court site.
South Carolina charges Flat lower brackets, then 0.15% of value between $100K and $600K, then 0.25% of value over $600K (uncapped)S.C. Code Ann. § 8-21-770(B)Verified Jul 14, 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%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source to 3.3%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in South Carolina, typically 5%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)Verified Jul 14, 2026View source to 5%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)Verified Jul 14, 2026View source of estate value. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
South Carolina requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%S.C. Code § 62-3-603Verified Jul 14, 2026View source of estate value annually.
Probate in South Carolina typically runs 9 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source to 18 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source, and costs accrue throughout. The 8 monthsS.C. Code § 62-3-803Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
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.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
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.
Petition must be signed and notarized; return with copy of death certificate
Original documents required -- faxed documents NOT accepted
Documents may be mailed or dropped off in person
Processing time: 1-3 weeks for estate to be opened after filing; full probate typically 8 months to 1 year
What to Bring
To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Lexington County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Register of Deeds.
Recording Office Record
Register of Deeds
Lexington County · Register of Deeds
Address
Phone
E-recording
Recording fees
| Flat fee (any length) | $15 |
| Affidavit for Taxable or Exempt Transfers (affidavit of true consideration)RequiredEvery deed presented for recordingS.C. Code 12-24-70(A)(1): the clerk of court or register of deeds SHALL require an affidavit showing the value of the realty to be filed with a deed, signed by a responsible person connected with the transaction (who must state that connection); the recorder may waive it at his discretion. For an EXEMPT deed the value need not be stated, but the affidavit must state the REASON the deed is exempt (12-24-70(A)(2)). No affidavit is required for a deed of distribution under 62-3-907 (12-24-70(D)). A wilfully false affidavit is a misdemeanor (12-24-70(C)). No separate fee when filed with the deed — the $10 fee in 8-21-310(B)(3) applies only to affidavits NOT attached to another document being recorded. | $0 |
FLAT FEE, NO PAGE COMPONENT. Recording a deed to real estate costs a flat $15 regardless of page count (S.C. Code 8-21-310(A)(1)); a 2-page deed and a 40-page deed cost the same. Mortgages, land sale contracts, leases, easements, plats, UCC filings, and powers of attorney are a flat $25 (8-21-310(A)(2)); satisfactions, releases, assignments, and memoranda of trust are a flat $10 (8-21-310(B)). These amounts are uniform across all 46 counties — 2019 Act No. 58 (H.3243), eff Aug. 1, 2019, replaced the old per-page schedule. SEPARATE from the recording fee, the deed recording fee ("deed stamps") of $1.85 per $500 of value applies to conveyances for consideration, and an affidavit of value must accompany every deed (12-24-70). E-recording is authorized statewide but optional per county (S.C. Code 30-6-10 et seq., URPERA); where offered it is typically limited to attorneys, lenders, and title companies, so an individual filer generally records on paper or by mail.
S.C. Code Ann. 8-21-310(A)(1); S.C. Code Ann. 12-24-10 et seq.
Transfer tax
$1.85 per $500 of value, or fractional part of $500 (S.C. Code 12-24-10(A)), composed of a $1.30 state fee and a $0.55 county fee (S.C. Code 12-24-90(A)) State; None beyond the $0.55-per-$500 county portion already inside the $1.85 rate. SC counties may not levy an additional local transfer tax. local. Exemptions are in S.C. Code 12-24-40: value of $100 or less (1); transfers to federal/state/local government (2); IRC 1041 divorce transfers (4); partition (5); family partnership or family trust transfers without consideration (9); corrective or quitclaim deeds confirming title already vested, with no consideration (12); deeds in lieu of foreclosure (13). Separately, S.C. Code 12-24-10(B) puts two death-transfer instruments outside the chapter entirely: a deed of distribution to a decedent's distributee under 62-3-907, and a deed transferring realty from a trust to a trust distributee on the settlor's death. Deduction from value allowed for a lien existing before and remaining after the transfer (12-24-30(B)). Fee is the grantor's liability (12-24-20(A)).
Elected Register of Deeds.
Verified July 14, 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 — typically 2.1%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source to 3.3%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source of the estate's value, 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.
Midlands / Columbia Firms
Blair Cato Pickren Casterline, LLC
FirmBlair 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.
Location
700 Huger Street, Suite 102Columbia, SC 29201
Phone
(803) 400-8600
Service Area
4 counties
Clark Law Office, LLC
Solo PracticeClark 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.
Location
207 W Main StreetLexington, SC 29072
Phone
(803) 399-8421
Established
2020
Service Area
2 counties
Collins Family & Elder Law Group
FirmCollins Family & Elder Law Group provides estate planning, family law, and elder law services from 14 offices across North and South Carolina. The Columbia office offers guidance on wills, trusts, powers of attorney, guardianships, conservatorships, and estate administration.
Location
1332 Main Street, Suite 201Columbia, SC 29201
Phone
(803) 590-6982
Established
1995
Service Area
6 counties
Estate Planning of SC, LLC
Solo PracticeEstate Planning of SC is a boutique law firm focused on estate planning for taxable and nontaxable estates, probate and trust administration, and prenuptial agreements. Owner Erin A. Cook is a Certified Specialist in Estate Planning and Probate Law by the SC Supreme Court and holds an LL.M. in taxation.
Location
2231 Devine Street, Suite 102Columbia, SC 29205
Phone
(803) 312-3909
Established
2008
Service Area
2 counties
Hardy Law Firm, LLC
Solo PracticeHardy 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.
Location
309 North Lake DriveLexington, SC 29072
Phone
(803) 832-4600
Service Area
5 counties
LawyerLisa, LLC
FirmLawyerLisa focuses on estate planning, elder law, probate, life care planning, and trust administration. The firm develops comprehensive plans incorporating legal, financial, and healthcare needs, with six offices across South Carolina.
Location
7511 Saint Andrews Road, Suite 3Irmo, SC 29063
Phone
(803) 563-5163
Service Area
3 counties
McCutchen McLean, LLC
FirmMcCutchen McLean helps families across the Midlands navigate estate planning, probate and trust administration, elder law, and business and tax law from offices in Lexington and Chapin.
Location
106 East Main StreetLexington, SC 29072
Phone
(803) 785-4529
Established
2020
Service Area
6 counties
Payne & Black, LLC
FirmPayne & Black is a leading elder law and estate planning firm with offices in Columbia and Rock Hill. Mitchell C. Payne is a founding board member of the Carolinas Chapter of the National Academy of Elder Law Attorneys and a frequent lecturer on elder law, Medicaid, and asset protection.
Location
1531 Blanding StreetColumbia, SC 29201
Phone
(803) 799-0554
Service Area
6 counties
Todd and Johnson, LLP
FirmTodd and Johnson was founded in Columbia in 1980 with a focus on estate planning, trusts, probate, and tax law. Multiple attorneys hold the Certified Specialist designation in Estate Planning and Probate Law from the SC Supreme Court, and several are Fellows of the American College of Trust and Estate Counsel (ACTEC).
Location
609 Sims AvenueColumbia, SC 29205
Phone
(803) 252-1500
Established
1980
Service Area
6 counties
Austin & Pethick Law Firm, P.C.
FirmAustin & Pethick Law Firm serves Aiken and western South Carolina with estate planning, probate, tax law, and business law services. Christopher Austin holds the Accredited Estate Planner designation from the National Association of Estate Planners & Councils and an LL.M. in taxation.
Location
115 Hearthstone DriveAiken, SC 29803
Phone
(803) 226-0453
Callison Tighe & Robinson, LLC
FirmCallison Tighe & Robinson is a full-service law firm with more than 70 years serving the people and businesses of Columbia. Their tax and estate planning team includes an ACTEC Fellow and a certified specialist in estate and probate law.
Location
1812 Lincoln Street, Suite 200Columbia, SC 29201
Phone
(803) 404-6900
Established
1954
Finkel Law Firm LLC
FirmFinkel Law Firm LLC was founded in 1970 and provides legal counsel in estate planning, probate, and more. Their Columbia probate lawyers have 50+ years of experience in probate administration and litigation cases.
Location
1720 Main Street, Suite 303Columbia, SC 29201
Phone
(803) 470-0118
Established
1970
Strom Law Firm, L.L.C.
FirmStrom Law Firm offers Columbia, South Carolina probate and estate planning legal services. Founded in 1996 by former U.S. Attorney Pete Strom, the firm offers assistance with wills and trusts, planning for the future, probating estates of loved ones, and challenging inheritance portions.
Location
6923 N Trenholm RoadColumbia, SC 29206
Phone
(803) 252-4800
Established
1996
The Brooker Law Firm, P.A.
FirmColumbia firm focused on tax law, estate planning, probate, trust administration, and business planning. Founding attorney Jeff Z. Brooker III has been recognized in Best Lawyers in America since 2012.
Location
508 Hampton Street, Suite 201Columbia, SC 29201
Phone
(803) 779-1065
Statewide Practices
Kirby Law, LLC
FirmKirby Law, LLC is a boutique Estate Planning and Probate law firm serving the entire state of South Carolina. Since 2005, the principal attorney has been designated by the Supreme Court of South Carolina as a Certified Specialist in Estate Planning and Probate Law. Angela Kirby is both a CPA and an Attorney, and was an Associate Probate Judge for Richland County Probate Court for over five years.
Location
828 Woodrow StreetColumbia, SC 29205
Phone
(803) 256-6401
Service Area
Statewide
Parker Law, LLC
FirmParker Law handles estate planning, probate, estate and trust litigation, guardianship, and conservatorship matters from offices in Columbia and Chapin. Gregory E. Parker, Jr. is recognized as a Rising Star by Super Lawyers in estate and trust litigation.
Location
1314 Lincoln Street, Suite 210Columbia, SC 29201
Phone
(803) 784-4203
Established
2019
Service Area
Statewide
Stratton & Reynolds, LLC
FirmStratton & Reynolds, LLC serves individuals and families with a special emphasis on the elderly and aging populations. The attorneys offer estate planning services for personal estates and businesses, as well as expertise in elder law, Medicaid and skilled nursing care planning, and probate avoidance.
Location
905 Old Cherokee RoadLexington, SC 29072
Phone
(803) 358-7214
Service Area
Statewide
Turner Padget Graham & Laney, P.A.
FirmTurner Padget is one of South Carolina's largest full-service law firms, established in 1903. Their Wealth & Estate Planning practice includes nine members of the American College of Trust and Estate Counsel (ACTEC), attorneys with SC Supreme Court certified specialist designations, and a former Probate Court Judge.
Location
1901 Main Street, 9th FloorColumbia, SC 29201
Phone
(803) 254-2200
Established
1903
Service Area
Statewide
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
- S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)
- S.C. Code § 62-3-603
- S.C. Code § 62-3-719 (PR compensation
- 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 § 62-3-803
- S.C. Code Ann. § 8-21-770(B)
Data sourced from South Carolina statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Probate Court in Lexington County, attaching the original will (if any), the death certificate, and the filing fee (about $695). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $41,437 statewide in South Carolina. For Lexington County, that means filing fees (about $695 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Lexington County typically requires in-person or mail filing for probate petitions. Check the court's website for the latest procedures — some counties have added e-filing for specific document types.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The South Carolina self-filing assessment scores whether this estate can be handled without one.
A simple South Carolina probate typically closes in 6–9 months; average estates run 9–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Lexington County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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