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Lexington County, SC Probate Information
Quick facts
| Item | Lexington County details |
|---|---|
| Court | Lexington County Probate Court |
| Courthouse address | Lexington County Judicial Center, 205 East Main Street, Suite 134, Lexington, SC 29072 |
| Mailing address | Same as the street address. The court tells filers to mail or drop off estate paperwork at 205 East Main Street, Suite 134, Lexington, SC 29072. |
| Phone | (803) 785-8324. The county phone directory also publishes Batesburg (803) 332-8324 and Chapin (803) 941-0217 for Probate Court calls. |
| Fax | No fax number is published for estate filing. The court states that original documents are required and faxed documents cannot be accepted. |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m. Estate appointments are prescheduled, so call before travelling for an appointment. |
| Opening cost | The estate filing fee is set by S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Lexington tells full estate filers to bring an initial minimum check of $25.00 payable to the County of Lexington, plus a separate newspaper check. |
| Local forms | Yes. Lexington publishes its own Estate Instructions booklet, local bond form, Cover Sheet for Deed of Distribution, Summons for Sale of Real Estate, Private Agreement and Waiver of Statutory Filing Requirements, alongside statewide Probate Court forms. |
| Online filing | Lexington's probate pages do not publish an electronic filing portal for estate documents. The court's instructions point to mail, drop-off or a prescheduled appointment, with documents completed in ink and original signatures. |
| Estate lookup | Lexington publishes its own estate search for 1995 to present and scanned estate indexes for 1865 to 1994. Both open through county acknowledgement pages. |
| Remote appearance | South Carolina's statewide Remote Communication Technology order, as amended February 19, 2025, puts the decision with the probate judge. Ask the Lexington County Probate Court how it applies that order in a specific estate matter. |
| Website | https://lex-co.sc.gov/probate-court |
Before you begin — know the assets and liabilities
Before you file in Lexington County, build a clear list of the decedent's assets, debts, titled property and beneficiary designations. Lexington's own filing process is asset driven: the court asks what the decedent owned, the estate filing fee is recalculated after the Inventory and Appraisement under S.C. Code Ann. § 8-21-770, and the court's duties page tells personal representatives to look through tax returns, bank statements, public records, insurance schedules, savings bonds, brokers, employers and benefits.
Sunset can help with that first estate settlement step by searching across 2,300 institutions for accounts and assets that may otherwise be missed. That asset picture helps you decide whether Lexington County needs a full administration, a small estate affidavit under S.C. Code Ann. § 62-3-1201 with the $45,000 limit effective May 8, 2025, or another South Carolina path.
Which court handles jurisdiction
The Lexington County Probate Court serves Lexington County from the Judicial Center in Lexington, the county seat. That includes Lexington, West Columbia, Cayce, Irmo, Chapin, Batesburg-Leesville, Swansea, Oak Grove, Gaston and unincorporated parts of the county. County magistrate offices are not probate filing locations.
South Carolina venue for opening an estate follows S.C. Code Ann. § 62-3-201. Lexington's own first screening question asks whether the decedent was permanently living in Lexington County at death; if not, the court directs you to the probate court of the correct county or state.
The jurisdiction process
- Confirm that Lexington County is the right county under S.C. Code Ann. § 62-3-201. Lexington asks whether the decedent was permanently living in Lexington County at death.
- Complete Form 300ES, the statewide Application or Petition for Probate or Appointment used for informal and formal filings. Lexington marks it as a required opening form in its forms table.
- Gather the documents Lexington asks for, including a copy of the death certificate and the original will if there is one.
- Prepare payment. The filing fee is governed by S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Lexington tells full estate filers to bring one check for the County of Lexington for the initial minimum fee of $25.00 and one separate check to the newspaper chosen for the creditors advertisement.
- File by mail, drop-off or a prescheduled appointment at Lexington County Probate Court, 205 East Main Street, Suite 134, Lexington, SC 29072. Documents must be completed in ink with original signatures. The court does not accept faxed documents.
- Wait for the estate to be opened. Lexington says that once documents are filed, it may take one to three weeks for the estate to be opened, and that leaving forms for review usually takes about two weeks for appointment.
- The court prepares the notice to creditors after the estate is opened, and you pay the newspaper you selected. Creditor timing is controlled by S.C. Code Ann. § 62-3-801.
- Ask the court how any hearing or remote participation will be handled. Under the Supreme Court order on Remote Communication Technology, as amended February 19, 2025, the probate judge may permit or require remote communication in a non-criminal matter unless it would likely cause substantial prejudice or affect fairness.
- After appointment, use the court-issued Certificate of Appointment, Form 141PC, when banks, transfer agents or other institutions need proof of authority. South Carolina's probate code calls the authority document letters, including letters testamentary and letters of administration under S.C. Code Ann. § 62-1-201, and administration begins when letters are issued under § 62-3-103.
- Administer and close the estate. Lexington's instructions point to Form 305ES for heirs and devisees, the Inventory and Appraisement under S.C. Code Ann. § 62-3-706 within ninety days after appointment, Accounting Form 361ES, Deed of Distribution Form 400ES when real property is involved, Receipt and Release Form 403ES, Proposal for Distribution Form 410ES when needed, and Application for Settlement Form 412ES.
Forms and documents
Probate forms in Lexington County
Lexington County uses the statewide South Carolina Probate Court form set and also publishes its own local estate materials. The statewide set includes Form 300ES for informal or formal opening, Form 350ES for Inventory and Appraisement, Form 361ES for Accounting, Form 371ES for creditor claims, Form 400ES for a Deed of Distribution, Form 420ES for a small estate affidavit under S.C. Code Ann. § 62-3-1201 with the $45,000 limit effective May 8, 2025, and Form 141PC for the court-issued Certificate of Appointment.
| Form or packet | How Lexington uses it |
|---|---|
| Estate Instructions | Lexington's own estate booklet explains what to bring, the two-check opening instruction, payment by check or money order, original-signature requirements, fee examples and the closing sequence. |
| Fiduciary Bond | Lexington publishes its own bond form rather than relying only on the statewide bond form. |
| Cover Sheet for Deed of Distribution | Lexington publishes this local cover sheet for use with the statewide Deed of Distribution, Form 400ES. The court publishes it, but it does not mark the local cover sheet as mandatory. |
| Summons for Sale of Real Estate | Lexington publishes this local summons for real-property sale matters, alongside the statewide Petition for Sale of Real Estate, Form 430ES. |
| Private Agreement | Listed by Lexington under estate closing materials. |
| Waiver of Statutory Filing Requirements | Lexington lists its own version as well as the statewide form with the same title. |
Fees
Lexington County publishes a detailed probate fee page and an estate instructions booklet. The estate filing fee is still the statewide scale under S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Lexington's local value is that it prints the whole scale, gives examples and explains how payment works at opening.
| Lexington item | Amount and note |
|---|---|
| Initial full-estate payment to the county | $25.00, current statutory schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Lexington treats this as the initial minimum amount and recalculates after the Inventory and Appraisement under S.C. Code Ann. § 8-21-770. |
| Newspaper check | Lexington tells filers to bring a separate check to the newspaper chosen for the creditors advertisement. The court lists The Chronicle and Twin City News at $30.00 as published in August 2026, subject to change. |
| Worked example on the county fee page | For a $325,000.00 probate estate, Lexington's published example calculates $432.50 under S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. |
| Second worked example on the county fee page | For a $925,000.00 probate estate, Lexington's published example calculates $1,657.50 under S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. |
| Photocopies | $0.25 per page as published by Lexington in August 2026. |
| Certified copy | $5.00 certified-copy charge under S.C. Code Ann. § 8-21-770(C)(1), current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994, plus Lexington's $0.25 per page copy charge as published in August 2026. |
| Formal petition, complaint or summons | $150.00 for a formal filing under S.C. Code Ann. § 8-21-770(C)(11), current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. |
| Motions | No charge, as published by Lexington in August 2026. |
Timeline
- Appointment scheduling: Lexington says most estate appointments can be scheduled within two weeks. This is a local scheduling estimate, not a hearing date.
- If papers are left for review: Lexington's Estate Instructions say it usually takes about two weeks to be appointed if you leave forms instead of attending an appointment.
- Estate opening after filing: Lexington says that once documents are filed, it may take one to three weeks for the estate to be opened.
- Notice to creditors: after opening, Lexington says its office prepares the notice to creditors and the filer pays the chosen newspaper. Creditor timing is governed by S.C. Code Ann. § 62-3-801.
- Full administration: Lexington describes full probate as usually an eight-month to one-year process, and also says administration lasts eight to twelve months but can be shorter or longer depending on the estate. Creditor timing is governed by S.C. Code Ann. § 62-3-801.
Local nuance
Lexington County-specific considerations
| Local point | Why it matters |
|---|---|
| Main-floor Suite 134 | The Probate Court is in Suite 134 on the main floor of the Judicial Center. The Clerk of Court is in the same building in Suite 128, but estate filings go to the Probate Court. |
| Three phone numbers | The county publishes Probate Court numbers for Lexington, Batesburg and Chapin callers: (803) 785-8324, (803) 332-8324 and (803) 941-0217. |
| Two-check opening instruction | For a full estate, Lexington tells filers to bring one check to the County of Lexington and a separate check to the newspaper chosen for the creditors advertisement. |
| Originals only | Lexington requires documents completed in ink with original signatures and states that faxed documents cannot be accepted. |
| Estate questions by surname group | Lexington routes estate questions to estate specialists by the first letter of the decedent's last name through its Probate Court Email Directory. Because those are individual staff mailboxes, use the directory page rather than copying email addresses. |
| Local forms | Lexington publishes local estate materials in addition to statewide forms, including a Cover Sheet for Deed of Distribution and a Summons for Sale of Real Estate. |
| Estate indexes back to 1865 | The court links a 1995 to present estate search and scanned estate indexes from 1865 to 1994 through county acknowledgement pages. |
| Columbia address caution | Some Lexington County places use Columbia or Irmo mailing addresses. Venue is based on the decedent's county of domicile under S.C. Code Ann. § 62-3-201, not the name of a mailing city. |
Recent updates
Scenarios
| Situation | Likely Lexington County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Lexington's own FAQ says jointly owned property with right of survivorship passes to the surviving co-owner without going through probate. If other probate assets remain, the spouse opens the estate at Suite 134 using Lexington's Estate Instructions, statewide Form 300ES for an informal or formal filing, and the court's two-check opening instruction. | Sunset helps separate nonprobate transfers from probate assets, finds accounts, and prepares an estate settlement task list before the spouse pays the S.C. Code Ann. § 8-21-770 filing fee. |
| Out-of-state adult child with small estate | For a small estate affidavit under S.C. Code Ann. § 62-3-1201, the statewide limit is $45,000 effective May 8, 2025. Lexington says Form 420ES can be handled by a prescheduled estate-clerk appointment, and if the filer cannot come in, the paperwork may be mailed to the Probate Court at 205 East Main Street, Suite 134. | Sunset helps identify accounts and balances before the child decides whether the S.C. Code Ann. § 62-3-1201 small estate path fits, then organizes the documents for mail or appointment. |
| Parent settling a predeceased child's estate when a home must be sold | Lexington publishes both real-property pieces: instructions for recording a Deed of Distribution with the Register of Deeds and returning a clocked copy to the Probate Court, plus a local Summons for Sale of Real Estate to use with statewide Form 430ES. The court's instructions also advise legal help when preparing and filing a Deed of Distribution because of possible personal representative liability. | Sunset helps gather asset information, identify debts and title issues, and connect the parent with a vetted South Carolina probate attorney when real property sale authority is needed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Lexington County Probate Court | Publishes estate instructions, local forms, a fee page with examples and estate searches. Lexington says most questions can be handled by telephone, but staff cannot complete forms for the personal representative or give legal advice. | 205 East Main Street, Suite 134, Lexington, SC 29072. (803) 785-8324, Batesburg (803) 332-8324, Chapin (803) 941-0217. https://lex-co.sc.gov/probate-court |
| Lexington County probate forms and Estate Instructions | Provides the local Estate Instructions booklet, statewide forms and Lexington County forms used for estate opening, real property, accounting and closing. | https://lex-co.sc.gov/probate-court/probate-court-forms |
| Lexington County estate search | Links the court's 1995 to present estate search and scanned estate indexes for 1865 to 1994. Each opens through a county acknowledgement page. | Start at https://lex-co.sc.gov/probate-court |
| Lexington County Register of Deeds | Records a Deed of Distribution for Lexington County real property before a clocked copy is filed back with the Probate Court. | (803) 785-8168 |
| South Carolina Judicial Branch probate forms | Provides the statewide numbered Probate Court form set used in Lexington County. | https://www.sccourts.org/court-forms/?courtType=PC |
| South Carolina Bar Lawyer Referral Service | Connects callers with a lawyer. The Bar says participating lawyers charge no more than $50 for a 30-minute consultation as published in August 2026, and also says they 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 Judicial Branch self-help resources | Explains what court staff can and cannot do, including that staff can provide approved forms and available instructions and can make sure papers are complete, but cannot tell you what to say or give legal advice. | https://www.sccourts.org/resources/general-public/self-help-resources/ |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, retirement benefits and other assets before a Lexington County filing is prepared. That matters because the estate filing fee is tied to the probate estate value under S.C. Code Ann. § 8-21-770, and Lexington recalculates after the Inventory and Appraisement.
Generate the probate packet. Sunset turns the information you provide into an organized estate settlement packet, including the documents and reminders a personal representative needs for the Lexington County Probate Court, statewide forms and local Lexington instructions.
Find a local probate attorney. When a Lexington County estate involves real property, a sale petition, a missing original will, creditor issues or family conflict, Sunset can connect the family with a vetted South Carolina probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, find assets and understand the next probate step without paying Sunset.
Frequently asked questions
Where do I file a probate case in Lexington County, South Carolina?
File with the Lexington County Probate Court at the Lexington County Judicial Center, 205 East Main Street, Suite 134, Lexington, SC 29072. The court is on the main floor in downtown Lexington.
Can probate papers be filed electronically in Lexington County?
Lexington's probate pages do not publish an electronic filing portal for estate documents. The court's estate instructions point to mail, drop-off or a prescheduled appointment, with documents completed in ink and original signatures.
How long does it take to be appointed personal representative in Lexington County?
Lexington says that once documents are filed, it may take one to three weeks for the estate to be opened. Its Estate Instructions also say that if you leave forms for review, it usually takes about two weeks to be appointed, and most estate appointments can be scheduled within two weeks.
How much is the probate filing fee in Lexington County?
The filing fee is governed by S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Lexington's own fee page gives a worked example of $432.50 for a $325,000.00 estate and explains that the initial county check is $25.00, with recalculation after the Inventory and Appraisement.
Do I need two checks to open an estate in Lexington County?
For a full estate, Lexington tells filers to bring two checks: one payable to the County of Lexington for the initial minimum county fee and one payable to the newspaper chosen for the creditors advertisement. The county fee is tied to S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994.
Can I look up a Lexington County estate online?
Yes. Lexington publishes its own estate search for 1995 to the present and scanned estate indexes for 1865 to 1994. Start from the Probate Court page and use the county acknowledgement links.
Does the Lexington County Probate Court accept faxed estate documents?
No. The court states that original documents are required, documents must be completed in ink with original signatures, and faxed documents cannot be accepted.
Can I appear remotely at a Lexington County probate hearing?
South Carolina's statewide order on Remote Communication Technology, as amended February 19, 2025, gives the probate judge discretion to permit or require remote communication in a non-criminal matter unless it would likely cause substantial prejudice or affect fairness. Lexington does not publish a separate estate-hearing remote practice, so ask the court how that order applies to your case.
Are there local Lexington County probate forms?
Yes. Lexington publishes local estate materials in addition to the statewide Probate Court forms, including an Estate Instructions booklet, a Fiduciary Bond, a Cover Sheet for Deed of Distribution, a Summons for Sale of Real Estate, a Private Agreement and a Waiver of Statutory Filing Requirements.
Do I have to travel to Lexington if I live out of state?
Not always. Lexington says a filer may mail estate paperwork to the Probate Court, and its small estate affidavit instructions under S.C. Code Ann. § 62-3-1201 also provide a mail-in option if the filer cannot come for an appointment. Call (803) 785-8324 before mailing to make sure the packet, signatures and payment are complete.
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.