Lexington County Probate Court
Lexington County Probate Court is located in the Lexington County Judicial Center at 205 East Main Street, Suite 134, Lexington, SC 29072. The office phone is 803-785-8324, and the posted hours in research are 8:00 a.m. to 5:00 p.m., Monday through Friday. The court handles estate administration, marriage licenses, adult guardianships, conservatorships for adults and minors, mental health commitments, trusts, and related matters.
Probate Court records are separate from Circuit Court, Family Court, Sheriff, SCDMV, and DPH records. Estate and marriage indexes have their own county search tools. Divorce decrees are Clerk/Family Court records, while marriage licenses are Probate Court records. Mental health and chemical-dependency commitment records are sensitive and should not be treated as routine public lookup material.
Lexington County Probate Court
205 East Main Street, Suite 134
Lexington, SC 29072
803-785-8324
8:00 a.m.-5:00 p.m., Monday-Friday
The Lexington County Probate Court page is the official local entry point for probate case search links, forms, fees, and contact paths.
Use Probate Court rather than the Clerk when the record is an estate, guardianship, conservatorship, trust, marriage license, or mental-health commitment matter.
Lexington County Probate Terms
Probate filings use terms that are easy to confuse. The definitions below match the record types handled by Lexington County Probate Court and help separate estate administration from guardianship, conservatorship, and mental-health processes.
- Testator
- A person who made a will.
- Executor
- A person named to carry out a will; South Carolina forms may also use personal representative.
- Intestate
- Dying without a valid will.
- Guardianship
- A court process for personal-care decisions for an incapacitated adult; minor guardianship may only be filed in Family Court under the county caveat.
- Conservatorship
- A court process where a competent adult or entity manages financial decisions and property for a minor or incapacitated adult.
Search Lexington County Estate Records
The official online estate search covers Lexington County Probate estate records from 1995 to present. It searches first name and last name, with at least one of those fields required. Search results show Case Number, Case Type, Decedent Name, DOB, DOD, Date Opened, Case Status, and personal representative and attorney information. The county also identifies legacy estate search coverage from 1865 to 1994, though exact legacy search fields were not exposed in the research.
| Search | Fields | Results |
|---|---|---|
| Estate Search 1995-present | First Name, Last Name; at least one required | Case Number, Case Type, Decedent Name, DOB, DOD, Date Opened, Case Status, PR and attorney information |
| Legacy Estate Search | Fields not exposed in official research | Estate Search 1865-1994 |
| Marriage License Search 1986-present | First Name, Last Name; at least one required | License Number, Applicant 1, Applicant 2, Issue Date, Marriage Date |
The official estate search is the best first stop for modern Lexington County probate estate records.
When the estate is older than the online range, use the legacy index path or contact Probate Court.
Lexington County Full Estate Administration
Full estate administration begins with Form 300ES Petition/Application for Appointment. The initial submission includes a completed and notarized Form 300ES, a death certificate copy, the original will if one exists, a $25 minimum filing fee check payable to County of Lexington, and a newspaper advertisement check. Research found creditor advertisement options of Twin City News for $30 and The Chronicle for $30.
- Determine whether full administration is needed instead of a small estate affidavit.
- Complete and notarize Form 300ES Petition/Application for Appointment.
- Attach a death certificate copy and the original will if one exists.
- Prepare the minimum filing fee check payable to County of Lexington.
- Add the required creditor advertisement check.
- Mail or drop off the original filing to Lexington County Probate Court.
The estate administration page is the official source for Lexington County estate filing instructions.
Original-document filing rules are important because the county does not accept faxed estate filing documents.
Lexington County Small Estate
Small estate use is limited. If the decedent had no real property and personal property is less than $25,000, the applicant may use Form 420ES Affidavit for Collection of Personal Property. A mandatory 30-day waiting period from death applies before filing. Required items include a death certificate copy and a check payable to County of Lexington for the applicable small-estate fee. If a will exists, Form 300ES should also be submitted with an additional $25 filing fee.
| Total Value | Fee |
|---|---|
| Below $100 | $12.50 |
| $100-$4,999.99 | $25.00 |
| $5,000-$19,999.99 | $45.00 |
| $20,000-$25,000 | $67.50 |
Lexington County recommends calling 803-785-8324 to schedule with an estate clerk after completing Form 420ES. Original documents must be filed.
Lexington County Probate Fees
Probate Court fees depend on the case type, estate value, and copy type. The fee schedule also covers guardianship, conservatorship, litigation petitions, marriage licenses, photocopies, and re-opened administrations.
| Item | Fee |
|---|---|
| Accountings, conservatorship only | $10 |
| Certified copy plus $0.25/page | $5 |
| Probate/conservatorship value $0-$4,999 | $25 |
| $5,000-$19,999 | $45 |
| $20,000-$59,999 | $67.50 |
| $60,000-$99,999 | $95 |
| $100,000-$599,999 | $95 plus .0015 over $100,000 |
| $600,000-unlimited | $845 first $600,000 plus .0025 over $600,000 |
| Litigation petitions/complaints/summons | $150 |
| Conservatorship | $150 |
| Guardianship | $150 |
| Exemplified/authenticated copy | $20 |
| Marriage license | $30 |
| Marriage license correction | $6.75 |
| Photocopies | $0.25/page |
| Re-open/subsequent administration | $22.50 |
The Probate Court fee schedule is the official local source for these amounts.
Fees can change, so confirm the current schedule before mailing checks or filing forms.
Lexington County Probate Forms
Probate forms are used for estate administration, small estate filings, guardianship, conservatorship, marriage, and related Probate Court requests. Estate clerk email routing is divided by estate last name, which can help route a prepared filing question without sending it to the wrong staff member.
| Estate Last Name | |
|---|---|
| A-E | ccampbell@lexingtoncounty.sc.gov |
| F-K | across@lexingtoncounty.sc.gov |
| L-R | lswilliams@lexingtoncounty.sc.gov |
| S-Z | jfields@lexingtoncounty.sc.gov |
The official Probate Court forms page collects local form paths.
Use the court's current forms, because probate filings depend on original signatures and case-specific facts.
Guardianship and Conservatorship Records
Lexington County Probate Court handles adult guardianship and conservatorship, and conservatorships for adults and minors. A conservatorship allows a competent adult or entity to manage financial decisions and property or estate for a minor or incapacitated adult. A guardianship allows a competent adult to make personal-care decisions for an incapacitated adult. The county caveat is important: guardianship for minors may only be filed in Family Court.
The local fee listed for guardianship is $150, and the fee for conservatorship is $150. The research identifies jchen@lexingtoncounty.sc.gov as the contact for guardianship/conservatorship questions. These records can include sensitive medical, financial, and capacity information, so public access may be narrower than a routine estate index.
The guardianship and conservatorship procedures page is the official source for those Probate Court processes.
Do not assume a guardianship or conservatorship record is fully public just because Probate Court handles the filing.
Mental Health Commitment Records
Probate Court handles mental health and chemical-dependency commitment procedures, but those matters are not ordinary public estate searches. The process requires a sworn written affidavit stating the belief that the person is mentally ill and likely to seriously harm self or others if not immediately hospitalized, with factual basis and type of harm. A licensed physician certification after examination is also required. If the person will not be examined, the county directs contact with the mental health center for the county where the patient is present.
Lexington County Community Mental Health Center is listed at 301 Palmetto Park Boulevard, Lexington, SC 29072, phone 803-359-3545. The child/adolescent office is 305 Palmetto Park Boulevard, Lexington, SC 29072, phone 803-359-7206. After-hours emergency counselors are reached at 833-364-2274. Probate mental health or chemical-dependency questions route to jchen@lexingtoncounty.sc.gov or 803-785-8325. The hearing occurs within 15 days, or 20 days for chemical dependency, after the involuntary treatment process begins.
Note: Mental-health commitment files are sensitive Probate Court matters and should not be treated like searchable estate records.
Restricted Lexington County Probate Records
Some probate files are public in part, while others are restricted by law, court order, privacy rules, or the nature of the case. Estate indexes and some estate filings may be available, but confidential medical information, incapacity details, minor information, protected identifiers, sealed filings, and mental-health commitment records may not be open to general public lookup. Marriage licenses have a separate public index and certified-copy process.
S.C. Code Section 62-1-302 describes Probate Court jurisdiction over estates, protected persons, trusts, and related probate matters. That jurisdiction explains why Probate Court is the right office for estate and protected-person records, but it does not mean every filing is fully public.
Use the Probate Court office for unclear access questions, certified copies, older records, or restricted matters.