Lexington County Probate Court: What Families Need to Know
If your loved one lived in Lexington County and left a home behind, the Lexington County Probate Court is where the estate process begins. Here’s what to expect, in plain language.
Where the Court Is Located
Lexington County Probate Court Lexington County Judicial Center 205 E. Main Street, Suite 134 Lexington, SC 29072
Located on the main floor of the Judicial Center, at the corner of East Main Street (US-1) and South Lake Drive (SC-6).
Phone: (803) 785-8324 (Estate Administration) · (803) 785-8200 (General) Office hours: Monday–Friday, 8:00 a.m.–5:00 p.m. Website: lex-co.sc.gov/probate-court
What the Probate Court Handles
- Estate administration — appointing a personal representative and overseeing the settlement of the estate
- Marriage license applications and issuance
- Guardianships and conservatorships for adults and minors
- Mental health commitment procedures
Before You File: Three Questions Lexington County Asks
The court’s own guidance frames estate administration around three questions:
- Was the deceased person permanently living in Lexington County at the time of death?
- Did they die within the last ten years?
- Did they own personal property valued at more than $25,000, or any real estate?
If the answer to all three is yes, you’ll generally need full estate administration, starting with Form 300ES (Petition/Application for Appointment). If the estate is smaller — no real estate and personal property under $25,000 — a simplified process using Form 420ES (Affidavit for Collection of Personal Property) may apply instead.
How to Start Full Estate Administration
To open an estate, you’ll typically need:
- Form 300ES, completed, signed, and notarized
- A copy of the death certificate
- The original will, if one exists
- Two checks:
- One payable to the County of Lexington for the initial filing fee (minimum $25.00)
- One payable to a local newspaper for the required legal notice — The Chronicle ($30) or Twin City News ($30–42)
Documents can be mailed or dropped off at the Lexington County Probate Court address above. You can also call (803) 785-8324 to schedule an appointment with an estate clerk, or leave your forms for processing — appointment typically takes about two weeks once everything is submitted.
What Probate Costs in Lexington County
Filing fees scale with the total gross value of the estate:
| Estate Value | Court Cost |
|---|---|
| $0 – $4,999 | $25.00 |
| $5,000 – $19,999 | $45.00 |
| $20,000 – $59,999 | $67.50 |
| $60,000 – $99,999 | $95.00 |
| $100,000 – $599,999 | $95.00 plus 0.15% of the amount over $100,000 |
| $600,000 and up | $845.00 on the first $600,000, plus 0.25% of the amount over $600,000 |
Certified copies of court documents cost $5.00 plus $0.25 per page. These are court costs only — attorney fees, appraisal costs, and newspaper publication fees are separate.
Selling an Inherited Home During Lexington County Probate
Once the personal representative is formally appointed, the estate can typically move forward with selling real estate. The practical work — beyond the court filings — usually includes:
- Confirming the personal representative has proper authority to sign a listing agreement
- Getting an accurate valuation for both the estate inventory and the sale itself
- Managing repairs, cleanout, and showings, often for heirs who live out of the area
- Coordinating the sale timeline with the estate attorney so nothing outpaces the legal process
Frequently Asked Questions
Where is the Lexington County Probate Court located?
205 E. Main Street, Suite 134, Lexington, SC 29072 — on the main floor of the Lexington County Judicial Center.
How much does probate cost in Lexington County?
Filing fees start at a minimum of $25 and scale with the total value of the estate, up to $845 plus 0.25% on estates over $600,000. Newspaper publication runs an additional $30–$42.
Do I need a lawyer to go through probate in Lexington County?
It’s not always legally required for simple estates, but most families with real estate involved work with an attorney given the deadlines, notice requirements, and potential for disputes among heirs.
Can I sell a house that’s still in probate in Lexington County?
Generally yes, once the personal representative has been appointed by the court and has legal authority to act for the estate.
Talk to Someone Who Handles This Regularly
Delaney Morgan is a Certified Probate Real Estate Specialist (CPRES) who has guided more than 100 Midlands families through the sale of an inherited home, including estates in Lexington County. If you’re navigating this process and need to understand your options for the property, reach out.
Schedule a Free Consultation · Call (803) 530-9272
This page is for general educational purposes only and is not legal advice. Consult a licensed South Carolina probate attorney for guidance specific to your estate.