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South Dakota Probate and Estate Forms

South Dakota probate is filed with the clerk of courts in the county where the decedent lived and heard by the circuit court. The same forum applies in all 66 counties. The Unified Judicial System publishes no statewide fill-in probate packet: the application, petition, acceptance, notices, inventory and closing statement are drafted to the South Dakota Codified Laws, which say what each must contain. The official numbered forms that do exist are the Department of Revenue's vehicle forms, the court's fee waiver form and a Department of Social Services petition, and the statute itself prints optional forms for the transfer-on-death deed and its affidavit of confirmation.

South Dakota Probate Forms by Situation

For vehicles, start at the Department of Revenue's All Vehicles - Title, Fees & Registration page and look for Form 1013 (Succession Affidavit) and Form 1001 (title application). For a fee waiver, open the UJS Pro Se Forms page and choose Fee Waivers Forms. For probate pleadings there is no statewide form to search for; read the SDCL section linked on each row, and ask the clerk of courts whether the county has a local packet.

Find Forms By Your Situation

Recommended procedure:

Collection of personal property by affidavit under SDCL 29A-3-1201. No court filing and no court fee.

Wait 30 days after the death. Real property counts toward the $100,000, but this affidavit cannot transfer it; look at the separate real-property affidavit for land.

Forms you'll need:

Affidavit for Collection of Personal Property (drafted to SDCL 29A-3-1201(a))

A certified death certificate

Open the official forms page to download these

Official Resources

For vehicles, start at the Department of Revenue's All Vehicles - Title, Fees & Registration page and look for Form 1013 (Succession Affidavit) and Form 1001 (title application). For a fee waiver, open the UJS Pro Se Forms page and choose Fee Waivers Forms. For probate pleadings there is no statewide form to search for; read the SDCL section linked on each row, and ask the clerk of courts whether the county has a local packet.

South Dakota Unified Judicial System, Pro Se Forms

The statewide court self-help forms index. It covers fee waivers, guardianship, family, civil and small claims matters and has no probate category, which is why most rows on this page link a statute rather than a form.

South Dakota Unified Judicial System, Fee Waivers Forms

Carries UJS-022, the Motion, Affidavit and Order to Waive Filing Fee and Service of Process Fee, used under SDCL 16-2-29.2.

South Dakota Unified Judicial System, Court Finder

The clerk of courts' address, phone and hours for each of South Dakota's 66 counties, where probate is filed. Oglala Lakota files at the Fall River office, Todd at the Tripp office and Buffalo at the Brule office.

South Dakota Unified Judicial System, Schedule of Court Costs (Rev. July 1, 2026)

The court's own fee table: $122.00 to open an estate ($75.00 filing fee, $40.00 court automation surcharge, $7.00 law library fee), $72.00 for special administration and $2.00 to deposit a will for safekeeping.

South Dakota Department of Revenue, All Vehicles - Title, Fees & Registration

Lists Form 1013 Succession Affidavit and Form 1001 Motor Vehicle and Boat Title Application, explains transfer-on-death beneficiaries on vehicle and boat titles, and carries the title fee table.

South Dakota Department of Health, Order Vital Records

How to order certified death certificates, which almost every form on this page needs attached. $15 per certified copy from the Pierre office or any county register of deeds.

South Dakota Department of Social Services, Estate Recovery

The Office of Recoveries and Investigations page, with its contact block and the petition a surviving spouse uses to limit the estate's responsibility for medical assistance.

Important Notes

  • -South Dakota probate is filed in the CIRCUIT COURT in all 66 counties. SDCL 29A-1-201(8) defines the court as the circuit court, and SDCL 16-6-9 gives it original jurisdiction in all matters of probate. Informal applications go to the clerk of courts (SDCL 29A-3-301), a Unified Judicial System office.
  • -The Unified Judicial System publishes NO statewide probate form. Its Pro Se Forms index has no probate category. Every pleading and estate document is drafted to the SDCL section that prescribes it. A number shown for a South Dakota probate pleading anywhere else is not a South Dakota court form number.
  • -The fee to open an estate is $122.00 statewide under the UJS Schedule of Court Costs (Rev. July 1, 2026): the $75.00 filing fee of SDCL 16-2-29, the $40.00 court automation surcharge of SDCL 16-2-39 and the $7.00 law library fee of SDCL 14-6-1. Special administration is $72.00, and depositing a will for safekeeping is $2.00.
  • -Neither small-estate affidavit is filed with the court, so neither carries a court fee. The real-property affidavit is recorded with the register of deeds.
  • -Both small-estate affidavits require a statement that the decedent owed nothing to the Department of Social Services for nursing-home or other institutional medical care. If a debt exists, neither affidavit is available.
  • -The official numbered forms in a South Dakota estate are the Department of Revenue's Form 1013 Succession Affidavit and Form 1001 title application, the court's UJS-022 fee waiver, and the Department of Social Services petition printed DSS-RE-840. The transfer-on-death deed, its revocation and its affidavit of confirmation have optional forms printed in SDCL 29A-6-430 to 29A-6-432.
  • -South Dakota has no summary administration procedure. Title 29A, chapter 3, part 12 contains only the two affidavits (SDCL 29A-3-1201 and 29A-3-1203) and the effect of the personal-property affidavit (SDCL 29A-3-1202).
  • -Guardianship and conservatorship forms on the UJS site belong to a different proceeding and cover only the duties after appointment.

Sources: https://sdlegislature.gov/Statutes/29A-3-301 | https://sdlegislature.gov/Statutes/29A-3-203

Not sure which South Dakota forms you need?

Answer a few questions to sort the likely filing path before you pick forms or contact the Circuit Court.

Take the 2-minute assessment

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in South Dakota
How to Use South Dakota Probate FormsWhy the filing path comes before the form number

The form finder groups records such as Opening Probate and Appointing a Personal Representative, Small Estate Routes Without Full Probate, Transfer-on-Death Deed: the Beneficiary's Affidavit of Confirmation, Vehicle and Boat Title Transfer at the County Treasurer so you can start with the likely procedure rather than one isolated form number.

Use source links such as South Dakota Unified Judicial System, Pro Se Forms, South Dakota Unified Judicial System, Fee Waivers Forms, South Dakota Unified Judicial System, Court Finder to locate official forms and verify which documents belong in the packet.

South Dakota Form Prep ChecksCounty packet rules and the records to gather before filing

Choose the filing path

Common filing paths in this data include Collection of personal property by affidavit under SDCL 29A-3-1201. No court filing and no court fee., Affidavit of succession to real property under SDCL 29A-3-1203, recorded with the register of deeds in each county where the land lies., If the title names a transfer-on-death beneficiary, the beneficiary's affidavit under SDCL 32-3-81. Otherwise Department of Revenue Form 1013 Succession Affidavit if the estate is $100,000 or less., The beneficiary records an affidavit of confirmation under SDCL 29A-6-427, using the optional form in SDCL 29A-6-432, with certified death certificates.. Match the estate facts to the correct path before preparing forms.

Verify the county packet

Check the county Circuit Court or local filing-office instructions for coversheets, copy rules, appointments, fees, and filing methods.

Pull supporting records first

Collect the original will if one exists, certified death certificates, asset values, deed or title records, heir and beneficiary details, and creditor information before filling out the packet.

Frequently Asked Questions

Where can I get South Dakota probate forms?
Start with South Dakota Unified Judicial System, Pro Se Forms, South Dakota Unified Judicial System, Fee Waivers Forms, South Dakota Unified Judicial System, Court Finder. Then verify local county instructions before you file, because packet rules, copy requirements, fees, and filing methods can vary.
How do I know which South Dakota probate form I need?
Start with the filing path, not the form number. The right packet depends on will status, asset type and value, creditor issues, heirs or beneficiaries, and whether a simplified procedure fits.
Can I file South Dakota probate forms without an attorney?
Some paths may allow self-filing, but the answer still depends on the estate, the county office, disputes, real estate, creditors, and tax facts. Verify the county rules and get legal help when rights or strategy are unclear.
What should I gather before filling out South Dakota probate forms?
Gather the original will if one exists, certified death certificates, asset and debt lists, deed or title records, beneficiary records, and names and addresses for heirs or beneficiaries.
South Dakota Official Forms and SourcesOfficial references used for this page

Information current as of September 27, 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.

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