Probate Court

There is a Probate Court located in each of the State's forty-six counties. The Judge of Probate is elected every four years.

The Probate Court's jurisdiction covers all subject matter related to:

• Supervising the division of property of persons who die with or without a will. This includes handling disputes over wills, interpreting wills, insuring that outstanding bills are paid and determining how property is to be divided if there is no will.



• Supervising the management of property that protected persons own. This includes persons under 18 years old or persons with mental illness or serious physical illness for whom a conservator has been appointed or for whom the court has issued a protective order.



• Supervising the mortgage and sale of personal or real property owned by protected persons or gifts to protected persons under 18 years old made in compliance with the South Carolina Uniform Gifts to Minors Act.



• Supervising trusts, inter vivos or testamentary, including the appointment of successor trustees.



• Issuing and recording marriage licenses.



• Committing persons suffering from mental illness, mental retardation, alcoholism, drug addiction, and active pulmonary tuberculosis to hospitalization.



• Approving settlements involved in wrongful death suits and survival actions.

Lexington County Probate Court

205 East Main Street

Suite 134

Lexington, SC 29072

(803) 785-8324

Estate and Marriage Indexes 

Marriage Licenses

Mental Health Commitment Procedures

S.C. Probate Forms

Click this link to search the S.C. Supreme Court Website for Probate Forms