What Probate Covers in Aiken County
Aiken County Probate Court is led by Probate Judge Hon. Tonya L. Marchant and is located at 109 Park Avenue SE, Room E126, in the Judicial Center in Aiken. The office mailing address is P.O. Box 1576, Aiken, SC 29802-1576. The main phone is 803-642-2002, and the fax is 803-642-2007.
The court's official Probate Records page explains local access to estate and marriage records.
Probate Court handles probating estates, disputes in estates and trusts, voluntary commitments for alcohol or drug abuse and mental illness, marriage licenses, guardianships, conservatorships, minor and wrongful death settlements, estate litigation, and trust litigation. County materials describe Probate Court as a service court and state that legal counsel is not required for estate administration in most cases, though attorney help is welcomed.
South Carolina Probate Court matters are generally conducted without a jury, but parties have the right to request a jury trial under state law. S.C. Code Section 62-1-302 gives Probate Court exclusive original jurisdiction over decedent estates, wills, heirs and successors, protective proceedings, guardianship matters, trust matters, marriage licenses and certificates, certain clerk duties, and involuntary commitments.
Aiken County Probate Court Contact
Estate intake should begin by phone. The county Estates page instructs users to call Probate Court to make an appointment with a clerk; the research notes 803-642-1715 on that Estates page and 803-642-2002 on the Probate Court contact page.
The county's official Estates page is the source for the appointment instruction.
That appointment step matters because estate filings can require original documents, signatures, fees, heir information, asset values, and review of whether the case is informal or formal.
Aiken County Probate Court
Judge: Hon. Tonya L. Marchant
109 Park Avenue SE, Room E126 / Judicial Center
Aiken, SC 29801
Mail: P.O. Box 1576, Aiken, SC 29802-1576
803-642-2002
Fax: 803-642-2007
South Carolina Archives and History Center
8301 Parkland Road
Columbia, SC 29223-4905
Original Aiken estate documents from 1873 through 1903 are retained by SCDAH; Aiken Probate has microfilm copies available for public viewing.
How to Search Aiken County Probate Court
Aiken County links to the statewide SC Probate Search. The county research states that public web access shows decedents' names and case numbers only, so the online search is an index path, not a complete digital estate file. Aiken Probate retains original estate records from 1904 to present. For 1873 through 1903, original estate documents are at SCDAH, with microfilm copies available for viewing at Aiken Probate.
The statewide South Carolina Probate Search is the official search portal linked from county materials.
The search results can help identify a case before calling or visiting the Probate Court, but file contents, certified copies, and older records still require the court or archive route described by the county.
- Use SC Probate Search for an initial index check by county, case number, case name, or party name.
- Confirm whether the record is 1904 to present, 1873 to 1903, or a marriage-license record from 1911 to present.
- Call Probate Court before appearing, especially for estate administration or Form 300ES filing.
- Ask whether the needed item is a plain copy, certified copy, out-of-county estate certified copy, or older microfilm/archive record.
SC Probate Search Fields
The research captured the public search fields and result columns from the official probate search portal. These fields are useful for narrowing an estate lookup before requesting copies from the Probate Court.
| Field Label | Type | Required | Notes |
|---|---|---|---|
| County | Dropdown | Yes | Select County includes Aiken. |
| Include Surrounding Counties | Checkbox | No | Expands search beyond the selected county. |
| Case# OR Last or Business Name | Text | Yes if not using full name | Search by case number or last/business name. |
| First | Text | No | Can combine with last name. |
| Middle | Text | No | Can combine with first and last. |
| All Parties | Radio | No | Search all party names. |
| Case Name | Radio | No | Search by case name. |
| Wildcard | Format note | No | The % wildcard may be used. |
Visible result columns include case number, case name, party, type of case, filing date, county, appointment date, creditor claim due, and case status. Because the county says online public access shows decedent names and case numbers only, use those columns as leads rather than assuming all filed documents are available online.
Probate Filing Fees
The Aiken County Probate Court fee schedule gives specific local amounts for common estate, copy, and marriage-license services. Filing choice affects cost: the research lists Filing Application 300ES informal at $0 and Filing Formal Petition 300ES at $150.
| Item | Amount |
|---|---|
| Filing Application 300ES informal | $0.00 |
| Filing Formal Petition 300ES | $150.00 |
| Admitting Will to Probate | $25.00 |
| Petition for Sale of Real Estate | $150.00 |
| Certified Copies | $5.00 |
| Copies | $0.25 each |
| Research Fee | $10.00 |
| Filing Demand for Notice | $5.00 |
| Notice to Creditors | $65.00 |
| Hearing Fee | $10.00 |
| Petition for Guardianship/Conservatorship | $150.00 |
| Marriage Application Fee | $45.00 |
| Certify Marriage License | $5.00 |
| Re-issue Marriage License | $35.00 |
| Filing Application for Special Administrator | $25.00 |
Form 300ES Field Inventory
SC Judicial Branch probate forms can be searched by court type, title, and Form ID. Examples located in the research include Accounting 361ES, Additional Devisees/Heirs/Successors 301ES, Affidavit for Collection of Personal Property 420ES, Affidavit of Heirs 445ES, Application/Petition for Probate of Will or Appointment 300ES, Application/Petition for Appointment of Special Administrator 332ES, and Application/Petition for Successor PR 333ES.
The official SC Judicial Branch Probate Forms Search page provides the form search interface.
Form 300ES is central to probate of a will or appointment. The research identifies these fields and topics:
| Form Area | Fields or Questions |
|---|---|
| Case heading | County, matter/decedent, case number. |
| Filing type | Informal probate or appointment and formal testacy or appointment checkboxes. |
| Applicant | Name, address, work/home/cell phone, email, and relationship. |
| Decedent | Legal names, date of birth, date of death, age at death, venue basis, domicile, non-South Carolina property, last address before facility. |
| Devisees and heirs | Name, birth year, address, email, relationship, and survival by 120 hours. |
| Case flags | Marital or child changes after will, mental-health facility status, prior guardian or conservator, prior personal representative, demands for notice, more than 10 years since death. |
| Estate values | Probate real estate and personal property values, civil-litigation purpose, pending litigation, diligent will search. |
| Will section | Original will status, execution date, codicils, tangible personal property memorandum, valid-execution belief, interested witnesses. |
| Appointment | Proposed fiduciary, priority basis, equal or higher priority persons, verification, notary, qualification, acceptance, PR signature, attorney information. |
Probate Terms Defined
Probate records use estate terms that affect who may file, who receives notice, and what the court can certify.
- Decedent
- The person who has died and whose estate or will is before Probate Court.
- Devisee
- A person or entity named to receive property under a will.
- Heir
- A person who may inherit under law when no will controls all property.
- Personal Representative
- The fiduciary appointed to administer an estate. Form 300ES asks for the proposed fiduciary and priority basis.
- Demand for Notice
- A filing that asks to receive notice of estate proceedings; the local fee schedule lists a $5 fee.
- Conservatorship
- A protective proceeding involving management of property or finances for a person who needs court-supervised assistance.
- Guardianship
- A protective proceeding involving personal decision-making authority for a minor or incapacitated person.
- Creditor Claim Due
- A deadline visible in probate search results and connected to notice-to-creditors administration.
How Probate Works in Aiken County
- Determine whether the decedent's estate belongs in Aiken County by domicile, property location, or another venue basis listed on probate forms.
- Call Probate Court before appearing and make an appointment with a clerk.
- Determine whether the filing is informal or formal. The local fee schedule treats informal 300ES filing differently from formal 300ES filing.
- Gather the death certificate, original will if any, heir and devisee names and addresses, asset values, and any known demands for notice.
- If a will exists, identify whether the original will is attached, already in court possession, an exemplified copy, or lost.
- If appointment is requested, identify the proposed fiduciary, priority basis, and equal or higher priority persons.
- Track creditor deadlines. Notice to creditors is a separate $65 fee item, and creditor claim due appears in searchable probate metadata.
- Request plain or certified copies after payment, using the court's copy and certification fee categories.
- Route older records by date: 1873 to 1903 originals at SCDAH, 1904 to present originals at Aiken Probate, and marriage-license records from 1911 to present at Probate Court.