Lancaster County Probate Court
The Lancaster County Probate Court is the local office for probate and estate matters. Judge of Probate Mary Rathel serves at 104 N Main Street, Lancaster, SC 29720. The office phone is 803-283-3379, and the fax number is 877-636-7961. Mail is directed to PO Box 1809, Lancaster, SC 29720 or 29721 as reflected in county and state listings.
Direct Probate Court contact is important because online probate search results do not replace filed copies or case-specific instructions.
Lancaster County Probate Court
Judge: Hon. Mary Rathel
104 N Main Street
Lancaster, SC 29720
803-283-3379
Fax: 877-636-7961
Lancaster County Probate Terms
Probate records use terms that are easy to misread. The same Probate Court can handle a decedent's estate, a minor settlement, a guardianship, a conservatorship, or an involuntary commitment, but access rules and forms differ by case type.
- Testator
- A person who made a will.
- Executor
- A person named in a will to carry out estate duties.
- Intestate
- Dying without a valid will.
- Personal representative
- The person appointed to handle an estate.
- Guardianship
- A court case involving authority over personal care for a minor or protected person.
- Conservatorship
- A court case involving authority over money or property for a protected person.
Search Lancaster County Probate Records
The public online channel is South Carolina Probate Search. The portal supports a search by case number or party-name criteria. Research found a visible field for All Parties Case Name, with instructions that a case number or any combination of last name, first name, and middle name may be used. The `%` character may be placed before search criteria as a wildcard.
| Field Label | Type | Required | Options or Format Notes |
|---|---|---|---|
| All Parties Case Name | Text | Unspecified | Use case number, last name, first name, middle name, or `%` wildcard before criteria. |
The Probate Search result grid can show case number, case name, party, type of case, filing date, county, appointment date, creditor claim due, and case status. The portal instruction says to click the gray plus to expand the grid and view details. Icon Software support is listed at 800-428-4855.
Lancaster County Estate Thresholds
The county's estate preparation material separates no-asset matters, will-only filings, small estates, and regular estates. If there is no will and no assets, no probate is required. If there is a will but no assets, the original will must be filed with the court within 30 days from the date of death. If assets exist, the estate path depends on the type and value of property.
The county's Estate Probate Preparation page describes small-estate and regular-estate thresholds.
| Situation | Probate Route | Research Note |
|---|---|---|
| No will and no assets | No probate required | County estate preparation guidance says probate is not needed. |
| Will and no assets | File original will | Original will must be filed within 30 days from death. |
| No real property and personal property under $45,000 | Small estate | Examples include boat, car, mobile home, jewelry, and furniture. |
| Real property of any value or personal property of $45,000 or more | Regular estate | Estate preparation page uses this threshold for regular estates. |
Note: The research found a possible discrepancy because another county opening-estate page reportedly used $25,000 for regular-estate personal property; confirm the threshold with Probate Court before relying on it for filing.
Open Lancaster County Probate Records
Opening an estate is a filing process, not just a search. The applicant should determine whether a will exists, whether assets exist, and whether any real property is part of the estate. Real property pushes an estate toward regular estate handling according to the county estate preparation guidance, even if personal property is modest.
The county's Opening an Estate page gives local estate-opening guidance.
- Determine whether the decedent had a will and whether assets exist.
- File the original will within 30 days of death if there is a will but no assets.
- Review the small-estate path if there is no real property and personal property is below the listed threshold.
- Open a regular estate if real property exists or personal property meets the regular-estate threshold.
- Use official Probate Court forms and the Lancaster Probate Court fee schedule.
- Search existing files online or contact Probate Court for older, sealed, or non-digitized matters.
Lancaster County Probate Fees
The Lancaster Probate Court fee schedule lists estate, small-estate, search, copy, hearing-copy, marriage-certificate, petition, and will-only fees. Small estate fees are not the same as regular estate fees. Certified marriage certificate fees appear on the Probate schedule, but they are not estate filing fees.
| Filing or service | Fee |
|---|---|
| Regular estate or conservatorship under $5,000 | $25 |
| $5,000 to under $20,000 | $45 |
| $20,000 to under $60,000 | $67.50 |
| $60,000 to under $100,000 | $95 |
| $100,000 to under $600,000 | $95 plus 0.0015 over $100,000 |
| $600,000 or more | $845 plus 0.0025 over $600,000 |
| Small estate under $100 | $12.50 |
| Small estate $100 to under $5,000 | $25 |
| Small estate $5,000 to under $20,000 | $45 |
| Small estate $20,000 to under $45,000 | $67.50 |
| Search fee | $7 |
| Plain copies | $0.10 per page |
| CD hearing copy | $10 |
| Certified marriage certificate | $5 |
| Filing summons, complaint, or petition | $150 |
| Filing will only | $10 |
| Probate of will only | $10 |
Lancaster County Probate Forms
South Carolina Judicial Branch forms provide the statewide probate form inventory. The court forms search can be filtered by Probate Court and searched by title or form ID. Visible probate examples in the research included 300ES Application/Petition for Probate of Will or Appointment, 420ES Small Estate Affidavit, 301ES Additional Devisees/Heirs/Successors, 361ES Accounting, 445ES Affidavit of Heirs, 482ES Affidavit to Obtain Bank Balance, 121ES Appointment of Agent for Service of Process, and 400ES Deed of Distribution.
- Use court type Probate Court to narrow the form list.
- Search by title when the form name is known.
- Search by form ID when a Probate Court instruction names a numbered form.
- Check language indicators where Portuguese or Spanish versions appear.
- Confirm with Lancaster Probate Court before filing if the estate type is unclear.
Older Lancaster County Probate Records
Older probate records may not be in the active Probate Court online search. The SC Archives Lancaster County guide lists older will books, guardian, trustee, and committee account books, probate journals, and related county records. Those archives are historical record series, not the active Probate Court case-management system.
Lancaster County's history pages also document the Historic Courthouse and local recordkeeping context. The county's Historic Courthouse page covers public museum hours.
The county's Our History page gives broader context for Lancaster's public records and courthouse history.
The Census QuickFacts page for Lancaster County gives population and land-area context for the county whose probate records are being searched.
