Lexington County Probate Court: Your Local Guide to Probate in Lexington County, South Carolina

Navigating the probate process after the loss of a loved one can be challenging. This guide provides specific information for Lexington County to help you understand the process and fulfill your legal obligations.

Lexington County Probate Court Contact Information

Address: 205 E. Main Street, Suite 134, Lexington, SC 29072 (Located on the main floor of the Lexington County Judicial Center, at the corner of East Main Street (US-1) and South Lake Drive (SC-6)) Phone: (803) 785-8324 Hours: 8:00 a.m. - 5:00 p.m.

About Lexington County Probate Court

The Lexington County Probate Court handles various legal matters, including estate administration, MARRIAGE LICENSES ↗, adult guardianships and conservatorships, and mental health commitments. The court aims to administer justice with fairness, integrity, and compassion, providing courteous and prompt service to inspire public confidence and trust.

Judges

• Daniel R. Eckstrom is a probate judge for the Lexington County Probate Court. He was first elected in 1990. To serve on this court, a judge must be a U.S. citizen, a qualified elector of the county, older than 21 years of age, and either a bachelor's degree or four years of experience as an employee in a probate judge's office.

Probate Process in Lexington County, South Carolina

Probate is the legal process of administering a deceased person's estate. It involves validating the will (if one exists), appointing a personal representative (executor), identifying and valuing assets, paying debts and taxes, and distributing the remaining assets to the heirs or beneficiaries. In South Carolina, the Probate Court in the county where the deceased person lived handles this process.

here ↗'s a step-by-step overview of the probate process in Lexington County:

1. Filing the Will and Petition: Within 30 days of the death, the will (if one exists) should be filed with the Lexington County Probate Court. You'll also need to file a Petition for Probate (form ↗ 300ES) to begin the process. The court will examine the will to ensure it meets South Carolina's legal requirements.
   • Required Documents:
     • Original Last Will and Testament
     • Informal Appointment: Application (Form 300PC) – Completed
     • Death Certificate
     • Two checks – one made payable to the County of Lexington for the filing fee and one made payable to the newspaper of your choice
2. Appointment of Personal Representative: The court will appoint a Personal Representative (executor) to manage the estate. If the will names someone, the court typically honors that choice if the person is willing and able to serve. If no one is named or the named person cannot serve, the court will appoint someone according to South Carolina's priority list, usually starting with the surviving spouse and children. The court issues a Certificate of Appointment, granting the applicant legal authority to act on behalf of the estate. It typically takes a couple of weeks to receive the Certificate of Appointment.
3. Notice to Heirs and Creditors: The Personal Representative must notify heirs and devisees of the appointment by mail. Creditors are given a specific timeframe, typically eight months in South Carolina, to file claims against the estate for outstanding debts.
4. Inventory and Appraisal: The Personal Representative must prepare an inventory and appraisal of the deceased person's assets.
5. Paying Debts and Taxes: The Personal Representative is responsible for paying the estate's debts and taxes.
6. Distribution of Assets: After debts and taxes are paid, the Personal Representative distributes the remaining assets to the heirs or beneficiaries according to the will or state law if there is no will.
7. Closing the Estate: Once all assets have been distributed and all debts have been paid, the Personal Representative can petition the court to close the estate.

Simplified Probate (Small Estate):

If the decedent did not own any real property and the value of the personal property is less than $25,000, a simplified process may be available. This involves using Form 420ES, Affidavit for Collection of Personal Property. There is a mandatory 30-day waiting period from the date of death to file this form. If the decedent had a Will, FORM 300ES should be completed and submitted along with an additional $25.00 filing fee. It is recommended to schedule an appointment with an estate clerk to process the paperwork or mail the paperwork to the Lexington County Probate Court.

How to File

You may mail or drop off the paperwork at the Lexington County Probate Court:

Lexington County Probate Court 205 E. Main Street, Suite 134 Lexington, SC 29072

It is important to file original documents, as faxed documents are not accepted. For questions or assistance, contact the Probate Court at (803) 785-8324.

Costs and Fees

Probate court fees in Lexington County are based on the total value of the probate assets. These fees are subject to change, so it's always a good idea to confirm the current Fee Schedule ↗ with the Probate Court.

Here is a breakdown of the fees:

• Affidavit for Collection of Personal Property (Form 420ES):
  • $12.50 if the total value is below $100.00
  • $25.00 if the total value is $100.00 - $4999.99
  • $45.00 if the total value is $5000.00 - $19,999.99
  • $67.50 if the total value is $20,000.00 - $25,000.00
  • If the decedent had a Will, FORM 300ES should be completed and submitted along with an additional $25.00 filing fee.
• General Estate Filing Fees:
  • $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 .0015 over $100,000
    • Example: If the estate is worth $325,000.00, the fee is calculated as follows: $95.00 + (($325,000 - $100,000) * 0.0015) = $432.50
  • $600,000 +: Same as the formula above plus .0025 for all amounts over $600,000
    • Example: If the estate is worth $925,000.00, the fee is calculated as follows: $845.00 + (($925,000 - $600,000) * 0.0025) = $1,657.50
• Newspaper Publication Fee: You will also need to pay a fee to publish a notice in the newspaper. You can choose from the following:
  • The Chronicle: $30.00
  • Twin City News: $42.00

Note: All fees must be paid by check or money order.

Estate Administration FAQs

1. What does probate mean?

Probate generally means the proceedings involved in administering a decedent's estate, including transferring the legal title of property from the estate of the person who has died to their proper beneficiaries.

2. Why is probate necessary?

The primary function of probate is transferring the title of the decedent's property to his/her heirs and/or devisees. If there is no property to transfer, there is usually no need for probate. Another function of probate is to allow the payment of outstanding debts and set a deadline for creditors to file claims.

3. How long does probate take?

The length of the probate process can vary. Simple estates typically take 8 to 12 months. More complex estates, especially those with disputes or difficult-to-value assets, may take longer than a year. The mandatory waiting period for creditor claims (8 months) means that even simple estates cannot be completed in less than about 8 months.

4. Can the Personal Representative charge a fee for their services?

Generally, a Personal Representative is entitled to a commission not to exceed 5% of the value of the personal property of the estate. This does not include the value of real estate unless the real estate is sold by the Personal Representative as part of the administration of the estate.

5. What types of property do not have to go through probate?

Any real or personal property owned jointly with right of survivorship passes to the surviving co-owners without going through probate. Additionally, life insurance policies or annuities payable directly to a beneficiary do not have to go through probate. Furthermore, money from IRAs, Keoghs, and 401(k) accounts transfer automatically, outside probate, to the persons named as beneficiaries.

View full Lexington County court details

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified attorney for advice regarding your specific situation.