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South Dakota Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in South Dakota.

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Types of Probate in South Dakota

South Dakota runs probate in the circuit court of each of its 66 counties, so there is no separate probate court to find, and informal applications go to the clerk of courts with no hearing. What changes is the route, not the courthouse. Two affidavits stay out of court entirely. Under SDCL § 29A-3-1201, thirty days after the death a successor collects personal property from whoever holds it where the whole estate, wherever located, is worth $100,000 or less after liens; a house counts toward that $100,000 but cannot pass through it. Under § 29A-3-1203, sixty days after the death the successors record an affidavit with the register of deeds for South Dakota land worth $50,000 or less. A Department of Social Services debt for nursing home care closes both. Inside the court sit informal probate before the clerk, formal testacy proceedings before a judge and supervised administration. Opening an estate costs $122 in every county.

See the full comparison of South Dakota probate typesWhich procedures exist, who qualifies, and how the timelines compare.
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South Dakota Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 66 counties have detailed data.

Full data available: MinnehahaFull data available: PenningtonFull data available: LincolnFull data available: BrownFull data available: BrookingsFull data available: MeadeFull data available: CodingtonFull data available: LawrenceFull data available: YanktonFull data available: DavisonFull data available: BeadleFull data available: Hughes
Show all 66 counties
Full data available: UnionFull data available: ClayFull data available: Oglala LakotaFull data available: LakeFull data available: ButteFull data available: RobertsFull data available: Charles MixFull data available: CusterFull data available: ToddFull data available: TurnerFull data available: GrantFull data available: HutchinsonFull data available: Fall RiverFull data available: Bon HommeFull data available: HamlinFull data available: MoodyFull data available: SpinkFull data available: McCookFull data available: TrippFull data available: DayFull data available: DeweyFull data available: WalworthFull data available: BruleFull data available: KingsburyFull data available: MarshallFull data available: DeuelFull data available: GregoryFull data available: EdmundsFull data available: ClarkFull data available: CorsonFull data available: LymanFull data available: HansonFull data available: BennettFull data available: HandFull data available: StanleyFull data available: DouglasFull data available: PerkinsFull data available: AuroraFull data available: JacksonFull data available: ZiebachFull data available: PotterFull data available: SanbornFull data available: McPhersonFull data available: MinerFull data available: FaulkFull data available: HaakonFull data available: MelletteFull data available: BuffaloFull data available: JerauldFull data available: SullyFull data available: CampbellFull data available: HardingFull data available: HydeFull data available: Jones

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Browse South Dakota guide topics

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Probate Basics

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Executor Duties

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Taxes & Deadlines

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Planning Documents

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Property Transfer

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Avoiding Probate

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South Dakota Probate Self-Help and Online Resources

South Dakota Estate Law Overview

South Dakota Estate Tax Info

South Dakota has no estate tax, no inheritance tax, no individual income tax and no probate tax.

No
State Estate Tax
No
Inheritance Tax
No
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession decides who inherits the part of a decedent's estate that is not effectively disposed of by will or otherwise (SDCL 29A-2-101(a)).

View order of inheritance (no spouse)

South Dakota Homestead Protection

South Dakota's homestead is the house the owner uses as a home, with its land, protected from judicial sale, judgment liens and execution for the owner's debts. It is limited by AREA (one acre inside a town plat, 160 acres outside) and to one dwelling, not by a dollar value. At death it matters in two ways: a surviving spouse may keep possessing and occupying the whole homestead, and it descends free of the decedent's antecedent debts where a spouse or issue survives.

Restrictions on leaving homestead in will

With minor children:

After both spouses have died, the children may continue to possess and occupy the homestead until the youngest comes of age (43-31-13).

Exempt Property

South Dakota gives a surviving spouse, or the children, three protections out of a decedent's estate: the homestead allowance, exempt property, and a family allowance for support during administration. All three have priority over creditors, and none is charged against what the spouse or children take by will, intestacy or elective share.

South Dakota Probate Questions

How much does probate cost in South Dakota?
South Dakota probate filing fees vary by county and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free South Dakota fee calculator for county-specific estimates.
How long does probate take in South Dakota?
It depends on the route, and two statutory floors set the pace for an ordinary South Dakota administration. A published notice to creditors bars claims not presented within four months after first publication under SDCL § 29A-3-801(a), and § 29A-3-1003(a) will not let a personal representative close by sworn statement earlier than four months after appointment. So informal probate commonly runs about 6 to 12 months even when nothing is in dispute. Formal testacy proceedings commonly run about 9 to 18 months, because each contested step is heard on notice, and a supervised administration runs longer still because the court approves distribution. The § 29A-3-1201 personal-property affidavit is usable thirty days after the death with no court filing, and the § 29A-3-1203 real-property affidavit sixty days after the death, recorded with the register of deeds rather than filed in court.
Do I need an attorney for probate in South Dakota?
South Dakota imposes no statutory requirement to hire a lawyer for probate, and the honest answer differs by route. The § 29A-3-1201 affidavit is a sworn statement handed to whoever holds the property, and many families complete it, and the Department of Revenue's Form 1013 vehicle version, without counsel. For anything filed in the circuit court, counsel is usual once there is land to sell, a business to wind up or a claim in dispute, and a formal testacy proceeding under § 29A-3-401 is litigation that is rarely run without one. An attorney's fee is reasonable compensation under § 29A-3-719(a) with no South Dakota percentage, and § 29A-3-721 lets the court review any fee and order a refund of anything excessive. Two South Dakota points are worth advice before relying on a shortcut. The personal-property affidavit's $100,000 measure counts real property but cannot transfer it, so a house needs the separate $50,000 real-property affidavit, a transfer-on-death deed recorded before the death, or probate. And a Medicaid debt for nursing home or other institutional care closes both affidavits.
Are these South Dakota probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the South Dakota county page and the county office handling the estate before filing.
Which South Dakota source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the South Dakota Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.