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Lancaster County, SC Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Lancaster County Probate Court |
| Courthouse address | Lancaster County Courthouse, 104 N. Main Street, Lancaster, SC 29720 |
| Mailing address | P.O. Box 1809, Lancaster, SC 29721. Address mail to the Lancaster County Probate Court by name. |
| Phone | (803) 283-3379 |
| Fax | (877) 636-7961 |
| [email protected] | |
| Hours | The court does not publish counter hours on its probate pages. Estates are opened by appointment. Call (803) 283-3379 before going to the courthouse. |
| Opening cost | The estate charge is based on the state schedule in S.C. Code Ann. § 8-21-770, current text from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Lancaster County states that an amount is paid when the informal petition is submitted, then the balance is assessed and billed after the inventory. |
| County documents | Yes. Lancaster County publishes an Estate Opening Packet with a Probate Court Worksheet, an Overview of Probating an Estate, a Documents To Bring checklist, a local Affidavit of Collection checklist, and a fee page. It also links the South Carolina Judicial Branch Probate Court forms. |
| Electronic filing status | Lancaster County's probate pages do not publish an electronic filing system, attorney portal, or online payment channel for probate. Use the appointment process, mail, and the courthouse lobby drop box unless the court tells you otherwise. |
| Online lookup | The court links a Public Records Search to South Carolina Probate Search at https://www.southcarolinaprobate.net/search/, and Lancaster is listed in that search. Call the court if you cannot locate a file. |
| Remote participation | Local practice is not published. Under the Supreme Court's order on Remote Communication Technology by the Trial Courts, as amended February 19, 2025, the probate judge decides whether a non-criminal matter may or must use remote communication technology. |
| Website | https://www.lancastercountysc.gov/366/Probate-Court |
Before you begin — know the assets and liabilities
Before you schedule the Lancaster County estate-opening appointment, gather a practical list of assets, debts, heirs, and documents. Lancaster's own Estate Opening Packet includes a Probate Court Worksheet that asks about real property, bank accounts, stocks, vehicles, mobile homes, boats, business interests, life insurance payable to the estate, retirement accounts payable to the estate, and local items such as Lynches River Electric capital credits.
Asset discovery should happen before the courthouse visit because Lancaster County tells families to bring a completed worksheet and supporting documents. Sunset can search across 2,300 institutions to help identify accounts and assets, then organize the information into an estate settlement file before you call (803) 283-3379 for the appointment.
Which court handles jurisdiction
Lancaster County publishes one probate office for estates: the Lancaster County Probate Court at the Lancaster County Courthouse, 104 N. Main Street in Lancaster. Estates from Lancaster, Kershaw, Heath Springs, Van Wyck, the Indian Land Panhandle, and unincorporated Lancaster County are handled there.
Venue is based on South Carolina's probate venue rule in S.C. Code Ann. § 62-3-201. For a person who lived in Lancaster County at death, the Lancaster County Probate Court is the local probate court. If the person was not domiciled in South Carolina, ask the court how § 62-3-201 applies to property located in Lancaster County.
The jurisdiction process
- Start with the county intake materials. Download Lancaster County's Estate Opening Packet, Probate Court Worksheet, Documents To Bring checklist, and any local checklist that matches the estate. The court also links the statewide Probate Court form set, including Form 300ES for informal or formal probate.
- Call the Lancaster County Probate Court at (803) 283-3379 to schedule the estate-opening appointment. The court says appointments are required to open an estate and that it tries to set appointments within one to two weeks.
- Bring the required documents to the Lancaster County Courthouse at 104 N. Main Street. The court's checklist calls for items such as the original will if one exists, proof of death, obituary or funeral program if available, the applicant's photo identification, funeral bill and paid receipt, recent deeds for real estate, and the completed Probate Court Worksheet. Bring the original death certificate and ask the court whether a copy will also be needed.
- Pay the amount the court requires when the informal petition is submitted. Lancaster County states that the estate charge is handled under S.C. Code Ann. § 8-21-770, current text from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994, with the balance assessed and billed after the inventory.
- After the file is opened, work through the assigned estate clerk. Lancaster County says that once there is a file number, the estate is assigned a clerk, and the clerk explains the process and final requirements. This is the probate court's own staff, not a separate filing office.
- Use Lancaster County's delivery channels carefully. Later papers may be delivered as the court instructs, by mail to P.O. Box 1809, Lancaster, SC 29721, or by using the Probate Court drop box inside the courthouse lobby. The court says the drop box is checked twice daily and is accessible only by Probate staff. Do not assume email or fax is accepted for filing unless the court tells you.
- Handle notice to creditors through the Lancaster process. Lancaster County says the Probate Court places the notice for you, that the publication runs in The Lancaster News, and that the cost is set by The Lancaster News and paid in addition to court costs before the advertisement.
- Ask about hearings before you travel. Lancaster County's Overview says no hearing is required for informal probate or informal appointment. If a hearing is needed, the statewide Remote Communication Technology order, as amended February 19, 2025, leaves remote participation to the probate judge's decision.
- After appointment, use the court-issued authority document. South Carolina's probate code calls the personal representative's authority document letters, including letters testamentary and letters of administration, under S.C. Code Ann. § 62-1-201, and administration begins when the court issues letters under § 62-3-103. The document banks and transfer agents usually ask to see is the Certificate of Appointment, Form 141PC, with the court's raised seal.
- Administer and close the estate through the assigned clerk. Lancaster County says closing documents are due after the publication period, that the court provides closing documents when there is no attorney of record, and that the personal representative should check with the assigned estate clerk for final requirements.
Forms and documents
Probate forms in Lancaster County
Lancaster County uses the statewide South Carolina Probate Court forms and also publishes its own local estate settlement materials. The court's navigation links the South Carolina Judicial Branch forms page, and its local packet directs families to the Probate Court Worksheet and the documents needed before the appointment.
| Document | How it is used in Lancaster County |
|---|---|
| Estate Opening Packet and Probate Court Worksheet | The court's local intake packet. It asks for family information, real property, bank accounts, stocks, vehicles, mobile homes, boats, business interests, insurance payable to the estate, retirement accounts payable to the estate, and other assets. |
| Overview of Probating an Estate | The court's local walkthrough from opening through closing, including Lancaster's appointment, assigned-clerk, publication, and closing-document practices. |
| Documents To Bring With You When Opening An Estate | The court's checklist for appointments with a will, without a will, for an affidavit route, and for filing a will when there are no assets. |
| Affidavit of Collection checklist | Lancaster County's local checklist for the small estate process under S.C. Code Ann. § 62-3-1201. The current statewide threshold is $45,000, effective May 8, 2025 under 2025 Act No. 26 (H. 3472), and the statewide affidavit is Form 420ES. |
| South Carolina Judicial Branch Probate Court forms | The statewide numbered forms, including Form 300ES for informal or formal probate, inventory forms, accounting forms, creditor forms, closing forms, and Form 400ES for a deed of distribution when real property is involved. |
Lancaster County's probate court page does not publish a renumbered local form set. It publishes local intake documents and checklists, then points filers to the statewide numbered forms.
Fees
Lancaster County publishes a local probate fee page. The estate charge itself is based on the state schedule in S.C. Code Ann. § 8-21-770, current text from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Lancaster's local materials add one important practical detail: an amount is due when the informal petition is submitted, and the balance is assessed and billed after the inventory, with the opening amount credited against the total.
| Local item | Lancaster County practice |
|---|---|
| Notice to creditors advertisement | The Probate Court places the notice for the personal representative. Lancaster County names The Lancaster News and says the newspaper sets the cost, which is paid in addition to court costs before publication. |
| Additional Certificates of Appointment | Lancaster County lists an added per-certificate charge on its fee page as read in August 2026. Certificates are the local court-issued document used with Form 141PC authority. |
| Copies, search, CD copy, faxing, motions, and orders without a hearing | Lancaster County lists local charges for these services on its fee page as read in August 2026. Ask the court for the current total before submitting a request. |
| Reissued blank forms | The court's page says it charges per page to reissue additional blank forms after the initial set given at the appointment, but the page gives two different per-page amounts. Ask the court before requesting replacements. |
| Creditor claims | Lancaster County's FAQ says there is no charge to file a claim, but the estate must be opened in the Probate Court before a claim is filed. |
Timeline
- Appointment timing. Lancaster County says estates are opened by appointment and that the court tries to give an appointment within one to two weeks.
- Affidavit route timing. Lancaster County says an affidavit matter is usually administered within one week to ten days after it can be filed. The small estate process is governed by S.C. Code Ann. § 62-3-1201, and the $45,000 threshold became effective May 8, 2025 under 2025 Act No. 26 (H. 3472).
- Regular estate timing. Lancaster County says a regular estate takes at least eight months because of the creditor-claim period under S.C. Code Ann. § 62-3-801, and that an untaxable, uncontested estate should probably be allowed at least a year to close.
- Closing documents. Lancaster County's Overview says closing documents are due eight to twelve months after publication, and that the court provides those documents if the estate has no attorney of record.
- After the closing packet is served. Lancaster County says that if no written request for a hearing is received by the Probate Court within 30 days, the personal representative may proceed with final requirements outlined by the court, and that the 30-day period can be waived if all interested parties sign the court's waiver form.
Local nuance
Lancaster County-specific considerations
| Local point | Why it matters |
|---|---|
| Use the new courthouse | The Probate Court is in the Lancaster County Courthouse at 104 N. Main Street. The historic Robert Mills courthouse next door is a museum, not the place to open an estate. |
| Appointments matter | Lancaster County says an appointment is needed to open an estate. Call before going so you do not arrive without the documents the court requires. |
| Lobby drop box | The court publishes a Probate Court drop box inside the courthouse lobby. It is checked twice daily and is accessible only by Probate staff. |
| Courthouse security | The court says the courthouse is a secure facility and lists prohibited items, including purses, backpacks or bags, cigarette lighters, electronic devices other than cellphones, weapons, knives, hair picks, fingernail files, nail clippers, and sharp instruments. |
| Worksheet for unrepresented families | Lancaster County directs unrepresented families to complete the Estate Worksheet. Attorneys use the numbered forms, including Form 300ES for informal or formal probate. |
| The court handles publication | Lancaster County says the Probate Court places the notice to creditors in The Lancaster News, and the newspaper sends the affidavit of publication back to the court. |
| Kershaw can be confusing | The Town of Kershaw is in Lancaster County. Kershaw County is a separate South Carolina county. A Lancaster County estate from the Town of Kershaw is filed in Lancaster. |
| Shared P.O. box | P.O. Box 1809 is used by more than one county office. Address mail to the Lancaster County Probate Court by name. |
| Handwriting is allowed | The court says forms do not have to be typed, but they should be printed neatly in black ink. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Lancaster County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the home is titled and whether anything needs to pass through the estate. Lancaster's worksheet tells you not to list property or accounts that pass outside the estate by survivorship or payable-on-death terms, and the court asks for recent deeds for real estate. | Sunset helps separate probate assets from non-probate assets, organize deed and account information, and prepare the appointment packet for estate settlement. |
| Out-of-state adult child with a small estate | Call (803) 283-3379 before traveling. Lancaster County requires an appointment to open an estate and links an affidavit process under S.C. Code Ann. § 62-3-1201. The current statewide threshold is $45,000, effective May 8, 2025 under 2025 Act No. 26 (H. 3472), and the statewide affidavit is Form 420ES. | Sunset helps identify accounts, collect balances and titles, and organize what the court will ask for before the courthouse visit. |
| Parent settling a predeceased child's estate, home must be sold | Expect a regular estate if real property is part of the probate estate. Lancaster County's materials say a deed of distribution uses Form 400ES and recommend attorney help when real estate is involved. | Sunset helps build the asset list, flag real property and debts, and connect the family with a vetted South Carolina probate attorney for the sale and deed work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Lancaster County Probate Court | Publishes local estate-opening materials, schedules appointments, assigns an estate clerk after a file number is opened, places the notice to creditors advertisement, and provides closing documents when there is no attorney of record. Staff cannot give legal advice or complete forms for you. | 104 N. Main Street, Lancaster, SC 29720. Mail: P.O. Box 1809, Lancaster, SC 29721. Phone: (803) 283-3379. Fax: (877) 636-7961. Email: [email protected]. |
| South Carolina Judicial Branch probate form set | Provides the statewide numbered Probate Court forms Lancaster families use with the local packet and worksheet. | https://www.sccourts.org/court-forms/?courtType=PC |
| South Carolina Probate Search | The online estate lookup linked by the Lancaster County Probate Court as Public Records Search. Lancaster appears in the county selector. | https://www.southcarolinaprobate.net/search/ |
| South Carolina Judicial Branch self-help resources | Explains what court staff can and cannot do, including providing approved forms and instructions and checking whether papers are complete. | https://www.sccourts.org/resources/general-public/self-help-resources/ |
| South Carolina Bar Lawyer Referral Service | Connects callers with a lawyer. The Bar states that participating lawyers charge no more than $50 for a 30-minute consultation, as stated on the Bar page read August 2026, and that the 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/. |
When to hire an attorney
The Lancaster County Probate Court says it does not require an attorney to probate an estate, but its own materials recommend attorney help for formal probate or appointment, for formal petitions requiring a hearing, for unsigned renunciations that may require a bond or formal filing, and for a deed of distribution when real estate is involved. If the estate has a dispute, unclear heirs, real property that must be sold, or a personal representative who lives outside South Carolina, counsel can prevent delays in estate settlement. Sunset connects families to a vetted South Carolina probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, retirement accounts payable to the estate, vehicles, real estate, and other property that may need to be listed before the Lancaster County appointment.
Generate the probate packet. Sunset organizes the information Lancaster County asks for, including heirs, assets, debts, and supporting documents, so the estate-opening appointment starts with a complete estate settlement file.
Find a local probate attorney. When the estate involves a formal petition, a dispute, a bond issue, or real estate that must be sold, Sunset can connect the family with a vetted South Carolina probate attorney.
Sunset is free for families. Families can use Sunset to understand the next steps, organize documents, and move through estate settlement without paying Sunset.
Frequently asked questions
Where do I file probate in Lancaster County, South Carolina?
File with the Lancaster County Probate Court at the Lancaster County Courthouse, 104 N. Main Street, Lancaster, SC 29720. Estates are opened by appointment, so call (803) 283-3379 before going.
Does Lancaster County require an appointment to open an estate?
Yes. Lancaster County says an appointment is needed to open an estate, and the court tries to give an appointment within one to two weeks. The court also tells families to call before coming so they are not turned away for missing documents.
Can I look up a Lancaster County probate case online?
The Lancaster County Probate Court links its Public Records Search to South Carolina Probate Search at https://www.southcarolinaprobate.net/search/, and Lancaster is in that search. If you cannot find the file, the court says you can call or come in to ask whether an estate is open.
Does Lancaster County have probate electronic filing?
Lancaster County's probate pages do not publish an electronic filing system, attorney portal, or online payment channel for probate. South Carolina's state electronic filing rules are for the Court of Common Pleas and attorney filers, not Lancaster County probate estate filings.
What forms should I start with in Lancaster County?
Start with the Lancaster County Estate Opening Packet and Probate Court Worksheet, then use the statewide South Carolina Probate Court forms the court links. Form 300ES is the statewide application or petition used for informal or formal probate.
What does Lancaster County charge to open an estate?
The estate filing fee is based on S.C. Code Ann. § 8-21-770, current text from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Lancaster County states that an amount is due when the informal petition is submitted, then the balance is assessed and billed after the inventory. Ask the court what payment methods it accepts when you schedule.
Who publishes the notice to creditors in Lancaster County?
Lancaster County says the Probate Court places the notice to creditors for you. The notice runs in The Lancaster News, and the newspaper sets the cost. Ask (803) 283-3379 for the current amount before the notice is placed.
Do I have to travel to Lancaster for probate?
For an informal probate or informal appointment, Lancaster County's Overview says no hearing is required. You still need to coordinate with the court for the appointment, required documents, delivery method, and any later hearing. Under the Remote Communication Technology order, as amended February 19, 2025, remote participation is decided by the probate judge.
What is the Certificate of Appointment in Lancaster County?
The Certificate of Appointment is the court-issued document showing who the Probate Court appointed as personal representative. South Carolina uses Form 141PC for the Certificate of Appointment. Lancaster County says certificates are issued when the estate is opened, additional copies can be made available, and certificates cannot be issued after the estate is closed.
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.