Skip to main content

South Dakota Executor Compensation Calculator

South Dakota has two rules side by side.

Loading calculator...

Does this estate need probate at all?

Executor pay only applies once the process is clear. Answer a few questions to see whether South Dakota probate is likely.

Take the 2-minute assessment

Settling an estate right now? Answer a few questions for a free preview: how many steps your state requires, and your first deadline set by statute. No signup to start. The full plan is a paid upgrade.

See how the workspace works
What the Calculator Uses in South DakotaThe method behind the estimate, and what it leaves out

For South Dakota, this page applies the statutory commission schedule in SDCL § 29A-3-719(c), which governs when the will does not provide for compensation or there is no will: 5% of the first $1,000, 4% of the next $4,000 and 2.5% above $5,000, measured on the personal property the personal representative accounts for, excluding personal property not ranked as assets. Real estate sold in the probate counts as personal property; unsold real estate earns a reasonable fee fixed by the court and is not in the figure. The commissions may be allowed, not must, and the court may review them under § 29A-3-721. A will that sets the fee governs instead. Attorney fees, the $122 court costs, any bond premium, an optional notice to creditors and recording fees are all separate.

The estimate is a starting point, not a guaranteed fee. Courts can still review the work performed, the estate documents, and whether the representative is seeking compensation for services beyond the ordinary baseline.

What affects the feeOrdinary rules, extraordinary services, and tax consequences

Ordinary Fee Rule

The estimate begins with the state-specific ordinary compensation method, not a one-size-fits-all national formula.

Extraordinary Services

Sales of real property, business management, litigation, tax work, and unusual court proceedings can justify additional compensation in some estates.

Tax Consequences

Executor compensation is usually treated differently from the inheritance itself, which is why many fiduciaries consider whether waiving the fee creates a better tax result.

Frequently Asked Questions

How much does an executor get paid in South Dakota?
It depends on the will. When the will does not provide for compensation, or the decedent left no will, SDCL § 29A-3-719(c) says the personal representative may be allowed commissions on the amount of personal property accounted for, excluding personal property not ranked as assets: 5% of the first $1,000, 4% of amounts over $1,000 up to $5,000, and 2.5% of everything above $5,000. On $100,000 of personal property that is $50 + $160 + $2,375 = $2,585. The statute says the commissions may be allowed, so the court keeps the final say.
Does the house count toward the South Dakota commission?
Only if it is sold. Under SDCL § 29A-3-719(c), real property the personal representative accounts for earns a just and reasonable compensation fixed by the court, not the percentage. But real estate the personal representative sells in the probate is treated as personal property, so the sale proceeds enter the percentage base. A family that keeps the house and distributes it in kind leaves it outside the schedule.
What if the will already sets the fee in South Dakota?
The will governs, and the percentage schedule does not apply. Under SDCL § 29A-3-719(b), if the will provides for compensation and there is no contract with the decedent about it, the personal representative may renounce the will's provision before qualifying and be entitled to reasonable compensation instead. Read the compensation clause before accepting the appointment, because the chance to renounce it ends at qualification.
Can a South Dakota personal representative give up the fee?
Yes, in whole or in part. SDCL § 29A-3-719(b) lets a personal representative renounce the right to all or any part of the compensation. A personal representative who is also a main beneficiary often does, because the same money then arrives as an inheritance rather than as taxable income. Put the choice in writing.
Who reviews the fee a South Dakota personal representative takes?
The circuit court, if someone asks. Under SDCL § 29A-3-721, after notice to all interested persons, on petition of an interested person or on motion in supervised administration, the court may review the reasonableness of the personal representative's compensation and the employment and pay of any agent of the estate, and order anyone paid too much to refund the excess. Keeping records of what was handled and how long it took is what supports a fee if it is questioned.
Are attorney fees separate from the executor fee in South Dakota?
Yes. The percentage schedule in SDCL § 29A-3-719(c) is for the personal representative only. Attorneys, accountants, appraisers and other agents of the estate are entitled to reasonable compensation under § 29A-3-719(a), judged on factors such as time and labor, difficulty, the customary local fee and the value of the estate, with no South Dakota percentage. Both are separate from the $122 in court costs to open a South Dakota estate: $75 under § 16-2-29(1), the $40 court automation surcharge under § 16-2-39 and the $7 county law library fee under § 14-6-1.
Does a will contest change what a South Dakota executor is paid?
It adds a separate reimbursement that does not depend on winning. SDCL § 29A-3-720 entitles a personal representative or nominee who defends or prosecutes a proceeding in good faith, whether successful or not, to necessary expenses and disbursements, including reasonable attorney's fees, from the estate. The court may also award those expenses to anyone whose action "substantially benefited" the estate, in the words of the statute. The ordinary compensation question under § 29A-3-719 is answered separately.
Is executor compensation taxable in South Dakota?
A fee for serving is taxable income to the person who takes it, while an inheritance is not. South Dakota has no estate or inheritance tax, so for a family member who is also a beneficiary the income-tax difference is often what decides whether taking the commission is worth it. Review the income-tax and estate-accounting effects before taking the fee or renouncing it.
Is the person in charge called an executor or a personal representative in South Dakota?
South Dakota law uses personal representative, the term that covers both someone named in a will and someone appointed without one, and people still say executor. SDCL § 29A-3-719 is titled compensation of personal representative. Whichever word the family uses, the same rules apply, and the circuit court in the county where the decedent lived can review the fee.
Official Sources and Further ReadingOfficial references used for this page

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in South Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More South Dakota Resources

Explore the rest of the South Dakota probate hub.

Do I need probate?5 pages
For the executor3 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages