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Aiken County, SC Probate Information
Quick facts
| Topic | Details |
|---|---|
| Court | Aiken County Probate Court |
| Courthouse address | 109 Park Avenue SE, Room E126, Judicial Center, Aiken, SC 29801 |
| Mailing address | P.O. Box 1576, Aiken, SC 29802-1576 |
| Phone | 803-642-2002 for the Probate Court and Estates. Probate Records is 803-642-2149. Conservatorships and Guardianships is 803-642-2008. |
| Fax | 803-642-2007 |
| [email protected] | |
| Hours | Monday through Friday, 8:30 a.m. to 5:00 p.m., except published county holidays. The court does not publish a lunch closure or daily estate-filing cutoff. |
| Estate filing fee | The value-based estate charge is set by S.C. Code Ann. § 8-21-770. Aiken's posted fee list, reviewed August 2026 and without a printed effective date, also lists a $65.00 notice-to-creditors charge, copies at $0.25 each, a $10.00 research fee, a $10.00 hearing fee, and a $150.00 formal petition charge. |
| Local forms and checklist | Aiken County's pages do not publish a local numbered form set or a local cover sheet. They do publish a local "Documents Needed for Probate Court" checklist and a local Probate Court fee list, and they direct families to the South Carolina Judicial Branch probate forms. |
| E-filing | Aiken County's probate pages do not publish an electronic filing system, attorney portal, email-filing channel, drop box, or probate online-payment link. Ask the court before mailing or emailing an estate filing. |
| Case lookup | The Probate Records page links to South Carolina Probate Search at https://www.southcarolinaprobate.net/search. The court says the public can view the decedent's name and case number. |
| Remote appearance | Local practice is not posted. Under the statewide Remote Communication Technology order, as amended February 19, 2025, the probate judge decides whether remote participation is appropriate for a non-criminal proceeding. |
| Website | https://www.aikencountysc.gov/260/Probate-Court |
Before you begin — know the assets and liabilities
Before you call or visit the Aiken County Probate Court, make a working list of the assets, debts, real estate, heirs, and named beneficiaries. The local checklist asks for the original will if there is one, a death certificate, deeds to all real estate, photo ID for the applicant, and addresses and years of birth for people entitled to notice.
Estate settlement goes more smoothly when you know what accounts and property exist before choosing a probate path. Sunset's asset discovery searches more than 2,300 institutions so families can find accounts, insurance, investments, and other assets before preparing the Aiken County packet.
Which court handles jurisdiction
Aiken County estates are filed with the Aiken County Probate Court in Room E126 of the Judicial Center at 109 Park Avenue SE in Aiken. The county publishes one Probate Court office for estate matters. Estates from Aiken, North Augusta, Beech Island, Graniteville, the Horse Creek Valley, New Ellenton, Jackson, Wagener, Salley, Perry, Monetta, Montmorenci, Windsor, and the unincorporated parts of Aiken County go to that court.
South Carolina venue for a decedent's estate is governed by S.C. Code Ann. § 62-3-201. Use Aiken County when that venue rule points to Aiken County, and call 803-642-2002 before coming in because the court invites families to make an appointment with a clerk.
The jurisdiction process
- Call the Aiken County Probate Court at 803-642-2002 and ask for an appointment with a clerk. Confirm what to bring, how the court wants the papers delivered, and how to pay any charges.
- Gather the items on Aiken County's "Documents Needed for Probate Court" checklist: applicant photo ID, the original will if one exists, the death certificate, deeds to all real estate, addresses and years of birth for people entitled to notice, and the Aiken posted $65.00 notice-to-creditors charge, reviewed August 2026 and listed without a printed effective date.
- If the proposed personal representative lives outside South Carolina, be ready to name a South Carolina resident as the contact for service on the court's agent form. Ask Aiken County which form it wants because the local checklist does not print a form number.
- If there is no will and more than one heir, bring the renunciations the court's checklist asks for unless the applicant has priority, such as a surviving spouse.
- Prepare the statewide probate forms. Form 300ES is the Application or Petition for Probate of Will or Appointment and is used for informal and formal filings. Aiken County sends families to the South Carolina Judicial Branch probate form set.
- File at the Aiken County Probate Court, Room E126, Judicial Center, 109 Park Avenue SE, Aiken. Use the court's P.O. Box 1576 mailing address only after asking whether the court will accept the estate filing by mail.
- Pay the court charges that apply. The statewide value-based estate charge is governed by S.C. Code Ann. § 8-21-770. Aiken's posted list says the informal Form 300ES application is $0.00 as posted and reviewed August 2026, but that does not make the estate free because the value-based charge is computed under § 8-21-770.
- Handle notice to creditors as directed by the court. Aiken's local checklist asks families opening an estate to bring the posted $65.00 notice-to-creditors charge, reviewed August 2026 and listed without a printed effective date.
- After appointment and qualification, South Carolina's probate code calls the personal representative's authority document "letters", including letters testamentary where there is a will and letters of administration where there is not, under S.C. Code Ann. § 62-1-201. Administration begins when the court issues letters, and the document banks commonly ask to see is the Certificate of Appointment, Form 141PC, with the court's raised seal.
- Administer and close the estate under the statewide timetable. File the inventory, account for estate activity, distribute property when allowed, and complete the closing papers the Aiken County Probate Court requires.
Forms and documents
Probate forms in Aiken County
Aiken County's probate pages do not publish a local numbered form set or a local cover sheet. The court publishes its own "Documents Needed for Probate Court" checklist and its own Probate Court fee list, and it directs families to the South Carolina Judicial Branch probate forms at https://www.sccourts.org/court-forms/?courtType=PC.
The local checklist is practical for the first visit. It asks for applicant photo ID, the original will if there is one, the death certificate, deeds to all real estate, addresses and years of birth for interested people, and the posted $65.00 notice-to-creditors charge, reviewed August 2026 and listed without a printed effective date. If the proposed personal representative lives outside South Carolina, the checklist also says to furnish an agent form naming a South Carolina resident as the contact for service.
Do not rely on Aiken's local checklist for the statewide small estate affidavit fee brackets because the checklist text is not current on that point. If you are using the small estate process under S.C. Code Ann. § 62-3-1201, the current statewide threshold is $45,000, effective May 8, 2025, and the form is Form 420ES.
Fees
Aiken County publishes its own Probate Court fee list, and it is useful because it includes local charges that are not the statewide value-based estate scale. The list reviewed August 2026 does not print an effective date, so confirm the current amount with the court before you go.
| Item | Amount | Local note |
|---|---|---|
| Notice to creditors | $65.00 | Aiken's checklist also tells families opening an estate to bring this amount. Listed on the court's posted materials reviewed August 2026, with no printed effective date. |
| Copies | $0.25 each | Listed on Aiken's posted fee list reviewed August 2026, with no printed effective date. |
| Research fee | $10.00 | Listed on Aiken's posted fee list reviewed August 2026, with no printed effective date. |
| Hearing fee | $10.00 | Listed on Aiken's posted fee list reviewed August 2026, with no printed effective date. |
| Certified copies for out-of-county estates | $20.00 | Listed on Aiken's posted fee list reviewed August 2026, with no printed effective date. |
| Admitting a will to probate | $25.00 | Listed on Aiken's posted fee list reviewed August 2026, with no printed effective date. |
| Formal petition | $150.00 | Listed on Aiken's posted fee list and tied to a formal filing. The statewide statutory source is S.C. Code Ann. § 8-21-770. |
The statewide estate filing fee is separate and is governed by S.C. Code Ann. § 8-21-770. Aiken's posted line showing $0.00 for an informal Form 300ES application does not mean there is no estate cost, because the value-based estate charge is set by § 8-21-770.
Local nuance
Aiken County-specific considerations
| Local point | Why it matters |
|---|---|
| Use Room E126, not the Clerk of Court floors | The Judicial Center also houses the Clerk of Court, but estate filings go to the Aiken County Probate Court in Room E126. The Clerk of Court supports Circuit and Family Court work and is not the office for opening an estate. |
| Bring deeds, but get them from the Register of Deeds | Aiken's estate checklist asks for deeds to all real estate and points to the Register of Deeds. That office is at the Aiken County Government Center, 1930 University Parkway, Suite 2100, Aiken, and its phone is 803-642-2072. |
| Out-of-state personal representatives need a South Carolina contact | Aiken's checklist says a personal representative who does not live in South Carolina must furnish an agent form selecting a South Carolina resident as the contact for service. Ask the Probate Court which form to use. |
| Older estate files are split by date | Aiken County says original estate documents from 1873 through 1903 are retained by the South Carolina Department of Archives and History, while the Probate Court has microfilm copies available for public viewing. The Probate Court retains original estate files from 1904 to the present. |
| Online lookup is limited | Aiken links South Carolina Probate Search for public estate lookup and says it shows the decedent's name and case number. Do not expect the page to provide every filed document. |
| Accessible entrance information is published | The county's courthouse page states that accessible parking and entrance are available at the main public entrance, in the parking area nearest the church. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Aiken County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by getting the deed from the Aiken County Register of Deeds, because the Probate Court checklist asks for deeds to all real estate. Then call 803-642-2002 to ask what the Probate Court needs for the estate appointment at Room E126. | Sunset helps identify accounts, debts, home details, and beneficiary information so the surviving spouse can decide what belongs in the probate packet and what may pass outside the estate. |
| Out-of-state adult child with a small estate | Ask the Aiken County Probate Court about the small estate process under S.C. Code Ann. § 62-3-1201. The current statewide threshold is $45,000, effective May 8, 2025. Aiken's checklist also says an out-of-state personal representative must name a South Carolina resident contact for service. | Sunset organizes the asset list, helps prepare the probate packet, and flags the local South Carolina contact issue before the adult child travels or mails papers. |
| Parent settling a predeceased child's estate, home must be sold | Call the Probate Court first, gather the death certificate, heir information, and deeds, then work with the Register of Deeds for Aiken County deed copies before filing for appointment. If a sale needs court involvement, ask the court which petition is required. | Sunset supports estate settlement by locating accounts, organizing the sale-related information, generating forms, and connecting the family with a local probate attorney when the home sale or heir issues need legal help. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Aiken County Probate Court | Publishes the local documents checklist and fee list, invites families to call for an appointment with a clerk, and can provide forms and instructions. The court states that its office cannot provide legal advice. | Room E126, Judicial Center, 109 Park Avenue SE, Aiken, SC 29801. 803-642-2002. Probate Records: 803-642-2149. [email protected]. https://www.aikencountysc.gov/260/Probate-Court |
| South Carolina Judicial Branch probate form set | Provides the statewide numbered Probate Court forms that Aiken County directs families to use. | https://www.sccourts.org/court-forms/?courtType=PC |
| Court staff guidance | The South Carolina Judiciary's court-staff notice says staff can explain how the court works, provide approved forms and available instructions, and check whether papers are complete. Staff cannot tell you what to say in papers or in court. | Linked from the Aiken County Clerk of Court page as "Things the court staff can and cannot do for you." |
| South Carolina Probate Search | The online estate lookup linked by the Aiken County Probate Court. Select Aiken and search by case number or name. The court says results show the decedent's name and case number. | https://www.southcarolinaprobate.net/search |
| Aiken County Register of Deeds | Provides deed copies needed for estates involving Aiken County real estate. The county says the online index starts from 1982 and Register of Deeds materials date back to 1872. | Aiken County Government Center, 1930 University Parkway, Suite 2100, Aiken, SC 29801. 803-642-2072. |
| South Carolina Bar Lawyer Referral Service | Connects callers with a lawyer. The Bar publishes a cap of no more than $50.00 for a 30-minute consultation, reviewed August 2026, and also states that participating lawyers do not take pro bono cases. | 803-799-7100, 9 a.m. to noon and 1 p.m. to 5 p.m. Monday through Friday. Online referral is available 24/7 at https://www.scbar.org/public/get-legal-help/ |
| South Carolina Legal Services number published by Aiken County | Aiken County's Laws, Legal and Judicial page says to call to see whether you qualify for help with non-criminal legal matters. Do not assume probate representation is available. | 888-346-5592 |
When to hire an attorney
The Aiken County Probate Court describes itself as a service court and says it does not require citizens to obtain legal counsel for administering estates in most cases, while also welcoming attorney assistance and representation. A lawyer often makes sense when heirs disagree, a home must be sold, an out-of-state personal representative needs help with local service issues, a formal petition is needed, or estate settlement includes creditor, trust, or title questions. Sunset connects families to a vetted South Carolina probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investments, insurance, retirement accounts, vehicles, real estate leads, and debts so the Aiken County probate packet starts from a clearer picture.
Generate the probate packet. Sunset turns the family's answers into an organized estate settlement packet using the South Carolina probate forms and Aiken County's local checklist items, including the death certificate, will, deed, and notice information the court asks for.
Find a local probate attorney. If the estate needs legal help, Sunset can connect the family with a vetted South Carolina probate attorney who understands Aiken County filings, real estate issues, and formal probate work.
Sunset is free for families. Families can use Sunset to organize the estate settlement, find assets, prepare for probate, and decide when attorney help is needed without paying Sunset.
Frequently asked questions
Where do I file probate in Aiken County?
File with the Aiken County Probate Court in Room E126 of the Judicial Center, 109 Park Avenue SE, Aiken, SC 29801. The court invites families to call 803-642-2002 and make an appointment with a clerk before coming in.
Does Aiken County have probate e-filing?
Aiken County's probate pages do not publish an electronic filing system, attorney portal, email-filing channel, drop box, or probate online-payment link. Ask the Probate Court before mailing or emailing estate papers.
What should I bring to open an estate in Aiken County?
Aiken's local checklist asks for applicant photo ID, the original will if one exists, the death certificate, deeds to all real estate, addresses and years of birth for people entitled to notice, and the posted $65.00 notice-to-creditors charge, reviewed August 2026 and listed without a printed effective date.
What if the personal representative lives outside South Carolina?
Aiken County's checklist says an out-of-state personal representative must furnish an agent form naming a South Carolina resident as the contact for service. Call 803-642-2002 and ask which form the court wants because the checklist does not print a form number.
Can I look up an Aiken County estate online?
Yes. The Aiken County Probate Court links South Carolina Probate Search at https://www.southcarolinaprobate.net/search. The court says the public search shows the decedent's name and case number.
Does Aiken County publish local probate forms?
Aiken County's probate pages do not publish a local numbered form set or a local cover sheet. They publish a local documents checklist and fee list, and they direct families to the South Carolina Judicial Branch probate forms.
How much does Aiken County probate cost to start?
The estate filing fee is governed by S.C. Code Ann. § 8-21-770. Aiken's posted fee list reviewed August 2026 says the informal Form 300ES application is $0.00 and the formal petition charge is $150.00, but the value-based estate charge under § 8-21-770 is separate. The local checklist also asks for the posted $65.00 notice-to-creditors charge.
Can I attend an Aiken County probate hearing remotely?
Aiken County does not publish a local remote-appearance practice for estate hearings. Under the statewide Remote Communication Technology order, as amended February 19, 2025, the probate judge may permit or require remote participation in a non-criminal proceeding unless the judge finds it would likely cause substantial prejudice or affect fairness. Ask the Aiken County Probate Court how it applies that order.
Do I have to travel to Aiken if I live in North Augusta or outside the county?
The Aiken County Probate Court publishes one estate office, in Room E126 of the Judicial Center in Aiken. If you live in North Augusta, another Aiken County community, or outside South Carolina, call 803-642-2002 before traveling and ask whether the court will allow any part of your filing or appointment preparation by mail or other method.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.