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
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
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. The 8 monthsS.C. Code § 62-3-803Verified Sep 8, 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, 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 Sep 8, 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 § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members 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 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.
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.
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.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
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
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.
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: 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 Simplifile; CSC (Corporation Service Company); Hopdox; ePN (eRecording Partner Network).
Recording Office Record
Lexington County · Register of Deeds
Address
Phone
Hours
E-recording
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 September 8, 2026 · Source
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 § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 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.
FirmColumbia, SC
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.
PracticesEstate PlanningProbate
Solo PracticeLexington, SC
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.
PracticesEstate PlanningProbateTrustsWills
FirmColumbia, SC
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.
PracticesEstate PlanningProbateElder LawConservatorshipand 3 more
Solo PracticeColumbia, SC
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.
PracticesEstate PlanningTrust AdministrationProbateTax PlanningTrusts
Solo PracticeLexington, SC
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.
PracticesEstate PlanningProbateElder LawTrustsWills
FirmIrmo, SC
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.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
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.
Data sourced from South Carolina statutes and official state code. How we research.
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Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Step-by-step tools for families in Lexington County, South Carolina.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted South Carolina attorneys handling probate matters.
