
South Dakota Probate Guide
How South Dakota probate works: the circuit court, the 120-hour wait, the $122 fee, two small-estate affidavits and the 3-year limit.
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How South Dakota probate works: the circuit court, the 120-hour wait, the $122 fee, two small-estate affidavits and the 3-year limit.

South Dakota informal probate usually takes 6 to 12 months, and the closing statement cannot be filed until four months after appointment.

South Dakota lets you settle an estate without a lawyer: two affidavits skip court, and informal probate goes to the Clerk of Courts for $122.

A South Dakota trust is irrevocable unless its terms reserve the power to revoke. How to draft, fund and certify a living trust under SDCL Title 55.

South Dakota has two small estate affidavits: $100,000 for personal property after 30 days and $50,000 for land after 60 days.

Inherited South Dakota property resets to its date-of-death value under IRC 1014, and South Dakota charges no income tax on a sale.

A South Dakota spouse can elect up to 50% of the augmented estate, stay in the homestead, and claim exempt property and a family allowance.

A South Dakota transfer on death deed must be recorded before the owner dies. After the death, the beneficiary records an affidavit of confirmation.

How a South Dakota successor trustee runs a trust after a death: the 60-day notice, quiet trusts, creditor notices and accountings.

A South Dakota will contest is a formal testacy proceeding in circuit court. SDCL 29A-3-407 names the grounds and 29A-3-108 sets the deadline.
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