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Use This County Probate Reference Before You File

This page is built for the detailed county-level checks that generic probate guides usually miss: local filing fees, Circuit Court contact details, administrative orders, e-filing rules, and hearing logistics for Buffalo County.

Local Fee Schedule

Review county-specific probate filing charges before you estimate total case cost.

Court Rules and Orders

Check the local rules, judge procedures, and administrative orders that can change how a case moves.

Clerk and Filing Logistics

Confirm where to file, whether e-filing is allowed, and how hearings or notices are handled locally.

Buffalo County Circuit Court Guide

Settled Estate records a $122+ court filing fee and a 4-month creditor claim period for the Buffalo County Circuit Court (filings at the Brule County Clerk of Court, Chamberlain), read from 32 linked sources and last verified September 27, 2026.

First Judicial Circuit of South Dakota · Circuit Court information · Updated September 2026

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Filing & Fees

Fee Schedule Signals

Source ↗

Probate Filing Fees

Filing TypeFee
Petition for Probate
Standard probate filing fee
$122

Note: Opening an estate costs $122.00 in every county: UJS "Guide to Filing Fees and Court Costs - Civil Filings Only", effective July 1, 2026, row Probate / Estate: $75.00 filing fee + $40.00 court automation surcharge + $7.00 law library fee = $122.00. The legal basis is a three-statute stack: $75 "For the probate of an estate" (16-2-29(1)), the $40 unified judicial system court automation surcharge in each probate proceeding (16-2-39), and the $7 county lawbook and law library fee (14-6-1). The $7 is collected upon an order of the circuit's presiding judge filed with the county clerk of courts; the statewide schedule prints it for every probate, so $122 is the published figure. Special administration, termination (of a life estate) and guardianship rows each total $72.00; safekeeping or filing of a will is $2.00. Neither small-estate affidavit is filed with the court: the personal-property affidavit (29A-3-1201) is presented to the holder of the property, and the real-property affidavit (29A-3-1203) is recorded with the register of deeds (a recording fee, not a court fee). South Dakota has no probate tax. The same $122.00 applies in Buffalo County; there is no per-county probate fee.

Guardianship Fees

Guardian of Person
$
Guardian of Property
$
Person & Property
$

Required Documents

  • Certified Death Certificate

    $15.00 per certified copy (ARSD 44:09:06:02) from the Department of Health's Vital Records Office in Pierre or any South Dakota register of deeds, in person or by mail, or through VitalChek online or by phone. Not a court form.

  • Original Will

    Delivered to the court with the application, or on request to someone able to probate it (29A-2-516).

  • Application for Informal Probate and/or Informal Appointment

    Directed to the clerk of court in the county of domicile and verified by the applicant (29A-3-301); court costs $122.

  • Letters Testamentary or Letters of Administration

    Issued on appointment; they prove the personal representative's authority.

  • Information to Heirs and Devisees

    Sent by ordinary mail within 14 days after appointment, with a copy of any probated will (29A-3-705).

  • Written Information to the Department of Social Services

    Within 14 days after appointment, with the decedent's Social Security number; not filed with the court, but its delivery is certified to the court (29A-3-705(c)).

  • Notice to Creditors

    Publishing once a week for three successive weeks starts the four-month bar; written notice to known creditors is required separately (29A-3-801).

  • Inventory and Appraisement

    Within six months after appointment or nine months after death, whichever is later; filing it with the court is optional (29A-3-706).

  • Small Estate Affidavit

    Presented to the bank or other holder, not filed with the court (29A-3-1201).

  • Affidavit for Succession to Real Property

    Recorded with the register of deeds with a certified death certificate (29A-3-1203).

E-Filing & Filing Methods

Case Search

Records portal

Check live court-record information when available. Search results may not include every probate record.

Open the records portal
Filing Methods: in person

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
Verify locally
Creditor Claims
4 months
Known Creditor Notice
60 days

Creditor Claims

Period Starts
first publication of the notice to creditors
Publication
A legal newspaper in Buffalo County (the county where the proceeding is pending), once a week for three successive weeks (SDCL 29A-3-801(a)). The specific qualifying newspaper was not confirmed in this pass; ask the clerk.
Statute
SDCL §§ 29A-3-801 and 29A-3-803

Related Proceedings

Property Recording

Source ↗

Sources for this page (32)

The facts above come from these official sources. Verify current details with the office before filing.