Skip to main content
How to Avoid Probate in South Dakota
Pillar GuideSouth Dakota22 min read

How to Avoid Probate in South Dakota

South Dakota offers a TOD deed, vehicle and boat TOD titles, POD accounts and trusts, but a trust must expressly reserve revocation.

By Settled Editorial

South Dakota gives owners a full set of tools to skip probate: a recorded transfer on death deed for land, a transfer on death title for vehicles and boats that arrived in 2025, payable on death bank accounts, beneficiary registration for securities, and trusts. Two South Dakota rules change how you use them. A trust is irrevocable unless its terms expressly reserve the power to revoke, and surviving joint tenants can be sued for the dead owner's debts.

Every rule below was read on September 27, 2026 through the South Dakota Legislature's own code service, and each section is linked. Let's break it down by asset.

Start With What South Dakota Probate Costs

Price probate before you pay to avoid it. The Unified Judicial System's schedule of court costs, effective July 1, 2026, lists $122 to open a probate estate: a $75 filing fee, a $40 court automation surcharge and a $7 law library fee.

The larger cost is fees. When a will says nothing about pay, or there is no will, SDCL 29A-3-719(c) lets the court allow the personal representative (the executor) commissions on the personal property accounted for: 5% of the first $1,000, 4% of the next $4,000, and 2.5% of everything above $5,000. Real property earns "just and reasonable compensation" fixed by the court, and real estate the personal representative sells in the probate counts as personal property. Attorneys and other agents are paid reasonable compensation on top.

South Dakota has no estate tax, no inheritance tax and no personal income tax, so avoiding probate here saves time, fees and publicity, never a state death tax. Weigh each tool below against that.

Do you need probate in South Dakota?

Answer a few questions to see whether South Dakota probate is required and which process applies.

Take the 2-minute assessment

Land: The Transfer On Death Deed

South Dakota adopted the Real Property Transfer on Death Act in 2014, codified at SDCL 29A-6-401 through 29A-6-435. SDCL 29A-6-403 states the rule in one line: property may be transferred to one or more beneficiaries by a transfer on death deed, effective at the transferor's death.

Section 29A-6-408 sets three requirements. The deed must:

  1. Carry the elements and formalities of a properly recordable deed.
  2. State that the transfer to the beneficiary occurs at the owner's death.
  3. Be recorded before the owner's death with the register of deeds in the county where the property is located.

The owner keeps full control. Section 29A-6-405 makes the deed revocable even if it says otherwise. After the death, the beneficiary records an affidavit of confirmation under 29A-6-427, with a certified death certificate and a statement that the Department of Social Services was notified of the death.

For recording, revocation and the affidavit step by step, see a South Dakota transfer on death deed.

Joint Tenancy, And The Debts That Come With It

Joint tenancy with right of survivorship also passes land, and other property, without probate. It has to be created on purpose. SDCL 43-2-17 makes an interest held by several people an interest in common unless it is declared to be a joint interest, and 43-2-12 requires the will or transfer to declare the joint tenancy expressly. A deed that simply names two grantees gives each a share that goes through their own estate.

Here is the South Dakota catch. SDCL 43-46-1 says that on the death of a joint owner of real or personal property held in joint tenancy with right of survivorship, the surviving joint owners are liable for the deceased owner's debts and obligations under chapter 43-46. The rest of the chapter sets the limits:

  • Six months. A creditor or the personal representative must sue the survivor within six months after the death, unless they settle (43-46-2).
  • Other property first. The plaintiff must prove the decedent's other property could not pay the debts. If no petition to probate the estate is filed within 30 days of the death, the law presumes it could not (43-46-3).
  • A cap. The survivor owes no more than the value the decedent contributed to the jointly owned property, measured at death, and homestead and legal exemptions still apply (43-46-4).

So a joint deed keeps the house out of probate. It does not keep the house away from the decedent's creditors for the first six months.

Divorce matters too. SDCL 29A-2-804(b)(2) turns a joint tenancy between former spouses into a tenancy in common, unless the instrument, a court order or a property agreement says otherwise.

Bank And Credit Union Accounts

Part 1 of chapter 29A-6 governs multiple-party accounts at banks, savings and loan associations and credit unions. SDCL 29A-6-104 sets who owns the money at a death:

  • Joint account. Sums left at a party's death belong to the surviving party as against the estate, unless there is clear and convincing evidence of a different intention when the account was created.
  • Payable on death (P.O.D.) account. When the sole owner, or the last of several owners, dies, the balance belongs to the P.O.D. payee who survives. Two surviving payees share it with no survivorship between them unless the account terms provide for it.
  • A will cannot override either. Under 29A-6-104(5), a survivorship right or P.O.D. designation cannot be changed by will unless the will expressly says the account terms should change.

Section 29A-6-106 says these transfers are not testamentary, so no court order is needed. Under 29A-6-114, the bank may pay a P.O.D. payee on proof of death showing the payee survived every original owner.

A P.O.D. payee is usually the cleaner choice. A joint owner can withdraw the money while you are alive, and a joint account can pull the survivor into a 43-46-1 debt claim. A P.O.D. payee has no right to the money until your death.

Stocks, Bonds And Brokerage Accounts

South Dakota enacted the Uniform TOD Security Registration Act at SDCL 29A-6-301 through 29A-6-311. Ask the brokerage to register the account in beneficiary form, usually marked "TOD".

Two rules shape it. Section 29A-6-302 allows beneficiary registration only for a sole owner or for owners holding with right of survivorship, never tenants in common. And under 29A-6-307, at the death of the sole owner or the last surviving owner, the securities pass to the beneficiaries who survive every owner. If no beneficiary survives, the securities fall back into the estate, so name a contingent beneficiary.

Vehicles, Snowmobiles And Boats: New Since 2025

South Dakota added a transfer on death title in 2025. SL 2025, ch 116 (House Bill 1129), signed March 11, 2025, created SDCL 32-3-80 through 32-3-84. The act carries no effective-date clause, so it took effect July 1, 2025 under SDCL 2-14-16.

The rules:

  • Who and what. Under 32-3-80, the owner of a motor vehicle, off-road vehicle, snowmobile or boat applies to the Department of Revenue to name a beneficiary on the certificate of title. A trust can be the beneficiary. Every owner must approve in writing.
  • No liens. Section 32-3-83 bars naming a beneficiary while the property carries any lien or encumbrance, and bars the department from issuing the beneficiary a new title if a lien exists at death. Pay off the loan first.
  • You keep control. Under 32-3-82 the beneficiary has no interest until the death, and the owner can change the beneficiary without consent by applying for a new title.
  • After the death. The beneficiary submits an affidavit verifying the death, and the department issues a title in the beneficiary's name (32-3-81).

The Department of Revenue describes the same steps on its title page. The owners sign a title application at the county treasurer's office and list the beneficiary under "Transfer on Death" (TOD), vehicles with a named beneficiary "must not have any open liens," and after the death the beneficiary applies for a new title with a copy of the death certificate. For the forms and fees, see naming a beneficiary on a vehicle title.

Retirement Accounts, Life Insurance And Other Contracts

A beneficiary named on a life insurance policy, pension plan, IRA, annuity or similar contract passes the money outside probate. SDCL 29A-6-113(a) makes a provision for a nonprobate transfer on death in an insurance policy, pension plan, individual retirement plan, employee benefit plan, trust, deed or similar written instrument nontestamentary. Subsection (b) adds that the section does not limit creditors' rights under other South Dakota laws.

Review these designations after a divorce. SDCL 29A-2-804(b)(1) revokes a revocable gift to a former spouse in a governing instrument signed before the divorce, unless the instrument, a court order or a property agreement says otherwise.

The Revocable Living Trust, Drafted South Dakota's Way

A funded trust avoids probate for every asset titled in the trustee's name. South Dakota has no Uniform Trust Code; its trust law sits in Title 55, and one rule there flips the national default.

SDCL 55-3-6: "Unless the terms of a trust expressly reserve a power to the settlor to revoke or modify a trust, a trust shall be irrevocable."

Most states presume a trust is revocable. South Dakota presumes the opposite. A living trust you expect to change must say, in its own terms, that you can revoke or modify it. A form written for another state may assume the other default and leave that sentence out. See reserve the power to revoke for drafting and funding.

Three more South Dakota points:

  • Funding is the whole game. Land moves into the trust by a recorded deed to the trustee. A bank account moves by retitling it or naming the trust as P.O.D. payee. An asset left in your own name still goes through probate.
  • Creditors can still reach it. Under SDCL 55-4-58, a trust that was revocable at the settlor's death answers for the settlor's debts, funeral and administration costs, and statutory allowances to the extent the probate estate cannot pay them. The trustee may mail notice to known creditors, who then have 60 days to present a claim, and publish notice giving unknown creditors four months.
  • Privacy while you live. SDCL 55-2-14 says the trustee of a revocable trust keeps the settlor informed and, unless the trust says otherwise, owes other beneficiaries no report.

What Does Not Avoid Probate

  • A will. SDCL 29A-3-102 says that, except as provided in 29A-3-1201, a will must be declared valid by an order of informal probate by the clerk of court, or an adjudication of probate by the court, to prove the transfer of any property or to nominate a personal representative. A will directs the probate case; it does not replace it. See why a will does NOT avoid probate.
  • Tenancy in common. Each co-owner's share passes through that owner's estate (43-2-17).
  • A trust you never funded. Only assets titled to the trustee skip probate.
  • A vehicle TOD title with a loan on it. Section 32-3-83 blocks the transfer while any lien exists.

Where South Dakota Reaches Property That Skipped Probate

Avoiding probate moves property to your family faster. It does not always protect it from your debts. Each tool has its own claw-back rule:

ToolStatuteWho can reach itDeadline or limit
Joint tenancy43-46-1 to 43-46-4Creditors, personal representativeSuit within 6 months of death; capped at the decedent's contribution
TOD deed29A-6-421, 29A-6-423Creditors, personal representative, DSS6 months; for DSS, the shorter of 2 years or 6 months after written notice; capped at the property's value at death
Joint and P.O.D. accounts29A-6-107Personal representative, after a written demand2 years after death, only if the estate cannot cover debts, taxes, expenses and allowances
Revocable trust55-4-58Creditors60 days after a mailed notice, 4 months after published notice

Medicaid is the big one. SDCL 28-6-23 makes medical assistance paid for an inpatient of a nursing facility or other inpatient medical care a debt to the Department of Social Services, along with nursing facility, home and community based, hospital and prescription drug services paid for anyone 55 or older. The department can also claim against the estate of the recipient's surviving spouse. Its rule, ARSD 67:48:02:01, defines the estate for recovery to include property conveyed "through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement." None of the tools above shields a house from that claim.

If Someone Has Already Died

Planning time is over, so the question becomes which after-death route fits. South Dakota has two affidavits:

  • Personal property, up to $100,000. SDCL 29A-3-1201 lets a successor collect money and personal property by affidavit 30 days after the death if the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000 and no personal representative has been sought.
  • South Dakota land, up to $50,000. SDCL 29A-3-1203 lets successors file an affidavit with the register of deeds 60 days after the death if the decedent's interest in all South Dakota real property does not exceed $50,000.

Both are closed if the decedent owed the Department of Social Services for nursing home or other institutional medical care. See the $100,000 affidavit after a death for the full conditions, and the South Dakota probate guide if the estate needs a court case.

A South Dakota Checklist

Next steps, in order:

  1. Pull every recorded deed and read how title is held. Co-owners hold as tenants in common unless the deed expressly declares a joint tenancy (43-2-17, 43-2-12).
  2. For land, record a transfer on death deed before death, or deed the land to a funded trust (29A-6-403, 29A-6-408).
  3. Add P.O.D. payees to every bank and credit union account, with a contingent payee (29A-6-104).
  4. Register brokerage accounts in beneficiary form (29A-6-302, 29A-6-307).
  5. Pay off the car or boat loan, then add a TOD beneficiary at the county treasurer's office (32-3-80, 32-3-83).
  6. Review beneficiary designations on retirement plans and life insurance, especially after a divorce (29A-6-113, 29A-2-804).
  7. If you use a trust, confirm it expressly reserves the power to revoke or modify (55-3-6).
  8. Make a list of online accounts and digital assets, which follow their own rules under chapter 55-19.
  9. Keep a will as a backstop for whatever the other tools miss (29A-3-102).

For the full set of documents a plan needs, from the will to a power of attorney, see the documents a South Dakota plan needs.

When To Call A South Dakota Attorney

Most of this list is paperwork you can finish with the bank, the broker, the county treasurer and the register of deeds. Call a licensed South Dakota attorney when:

  • nursing home care or Medicaid is on the table, because 28-6-23 and ARSD 67:48:02:01 reach joint tenancy, life estates and living trusts
  • you are drafting or updating a trust and need the 55-3-6 revocation language right
  • you hold land in joint tenancy with someone who has debts of their own, or you expect the survivor to face 43-46-1 claims
  • a blended family means the deed, the accounts and the will point at different people
  • the property sits in more than one state

Confirm anything that affects a particular property with the register of deeds, the Clerk of Courts, or a licensed South Dakota attorney before you sign or record.

Common Questions

Does South Dakota have a transfer on death deed?

Yes. The South Dakota Real Property Transfer on Death Act, SDCL 29A-6-401 through 29A-6-435, took effect in 2014. Section 29A-6-403 lets an owner transfer land to one or more beneficiaries by a deed that takes effect at death, and 29A-6-408(3) requires the deed to be recorded with the register of deeds in the county where the land sits before the owner dies. After the death, the beneficiary records an affidavit of confirmation under 29A-6-427.

Can I name a beneficiary on a car title in South Dakota?

Yes, since July 1, 2025. SDCL 32-3-80, added by SL 2025, ch 116, lets the owner of a motor vehicle, off-road vehicle, snowmobile or boat name a transfer on death beneficiary on the certificate of title, and a trust can be that beneficiary. Every owner must approve in writing. Under 32-3-83, no beneficiary can be named while the title carries any lien, and the Department of Revenue cannot issue the beneficiary a new title if a lien exists at death.

Does a joint bank account go to the survivor in South Dakota?

Usually. SDCL 29A-6-104(1) says money left in a joint account at a party's death belongs to the surviving party as against the estate, unless there is clear and convincing evidence of a different intention when the account was created. On a payable on death account, 29A-6-104(2)(b) gives the balance to the surviving P.O.D. payee after the last original owner dies. Under 29A-6-104(5), a will cannot change either designation unless the will expressly says so.

Is a South Dakota trust revocable?

Only if the trust says so. SDCL 55-3-6 reads: "Unless the terms of a trust expressly reserve a power to the settlor to revoke or modify a trust, a trust shall be irrevocable." That is the reverse of the rule in most states, so a living trust meant to stay changeable has to state the power to revoke or modify in its own terms.

Do joint owners pay the debts of a deceased joint owner in South Dakota?

They can. SDCL 43-46-1 makes surviving joint tenants liable for the deceased joint owner's debts under chapter 43-46. A creditor or personal representative must sue within six months after the death (43-46-2) and prove the decedent's other property was not enough, and 43-46-3 presumes that shortfall if no probate petition is filed within 30 days of the death. Liability is capped at the value the decedent contributed, subject to homestead and legal exemptions (43-46-4).

Does a will avoid probate in South Dakota?

No. SDCL 29A-3-102 says that, except as provided in 29A-3-1201, a will must be declared valid by an order of informal probate by the clerk of court or an adjudication of probate by the court before it can prove the transfer of any property or nominate a personal representative.

Can South Dakota Medicaid recover from property that skipped probate?

Yes. SDCL 28-6-23 makes certain medical assistance a debt due the Department of Social Services, including nursing facility and home and community based services paid for a person 55 or older, and lets the department claim against the surviving spouse's estate. The department's rule, ARSD 67:48:02:01(2), defines the estate to include assets that passed through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement.

Sources:

  • Title: SDCL 29A-6-403, Transfer on death deed authorized. Publisher: South Dakota Legislature. Publication Date: SL 2014, ch 133, § 3; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-403
  • Title: SDCL 29A-6-405, Transfer on death deed revocable. Publisher: South Dakota Legislature. Publication Date: SL 2014, ch 133, § 5; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-405
  • Title: SDCL 29A-6-408, Requirements. Publisher: South Dakota Legislature. Publication Date: SL 2014, ch 133, § 8; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-408
  • Title: SDCL 29A-6-421, Action by creditor or personal representative against beneficiary--Time limitations. Publisher: South Dakota Legislature. Publication Date: SL 2014, ch 133, § 21; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-421
  • Title: SDCL 29A-6-423, Limitation of beneficiary liability. Publisher: South Dakota Legislature. Publication Date: SL 2014, ch 133, § 23; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-423
  • Title: SDCL 29A-6-427, Recording of transfer of deceased owner's property--Affidavit of confirmation. Publisher: South Dakota Legislature. Publication Date: SL 2014, ch 133, § 27; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-427
  • Title: SDCL 43-2-12, Joint tenancy interest--Title created by will or transfer. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 188; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/43-2-12
  • Title: SDCL 43-2-17, Interest created in several persons in their own right as interest in common. Publisher: South Dakota Legislature. Publication Date: SDC 1939, § 51.0214; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/43-2-17
  • Title: SDCL 43-46-1, Joint owners' liability for debts and obligations of deceased joint owner. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 167; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/43-46-1
  • Title: SDCL 43-46-2, Right of action of creditor or representative of deceased joint owner. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 167; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/43-46-2
  • Title: SDCL 43-46-3, Proof of insufficient other property of deceased joint owner to pay debts. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 167; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/43-46-3
  • Title: SDCL 43-46-4, Limitation on amount of liability of surviving joint owner. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 167; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/43-46-4
  • Title: SDCL 29A-2-804, Revocation of probate and nonprobate transfers by divorce--No revocation by other changes of circumstances. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 2-804; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-2-804
  • Title: SDCL 29A-6-104, Rights of survivorship upon death of party to joint account, P.O.D. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 172; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-104
  • Title: SDCL 29A-6-106, Effectiveness of transfers--Not considered testamentary. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 172; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-106
  • Title: SDCL 29A-6-114, Payment of P.O.D. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 172; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-114
  • Title: SDCL 29A-6-107, Payment to surviving party from multiple-party account--Liability for debts and expenses of administration--Procedure--Liability of financial institution. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 172; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-107
  • Title: SDCL 29A-6-113, Provisions deemed nontestamentary--Rights of creditors not limited. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, §§ 171, 172; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-113
  • Title: SDCL 29A-6-302, Registration in beneficiary form--Sale or joint tenancy ownership. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 168, § 6-302; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-302
  • Title: SDCL 29A-6-307, Ownership on death of owner. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 168, § 6-307; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-6-307
  • Title: SDCL 32-3-80, Transfer on death--Designation of beneficiary. Publisher: South Dakota Legislature. Publication Date: SL 2025, ch 116, § 1; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/32-3-80
  • Title: SDCL 32-3-81, Transfer on death--Affidavit--Certificate issued. Publisher: South Dakota Legislature. Publication Date: SL 2025, ch 116, § 2; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/32-3-81
  • Title: SDCL 32-3-82, Transfer on death--When vested--Changing beneficiary. Publisher: South Dakota Legislature. Publication Date: SL 2025, ch 116, § 3; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/32-3-82
  • Title: SDCL 32-3-83, Transfer on death--Ineligible if encumbered--Certificate not issued. Publisher: South Dakota Legislature. Publication Date: SL 2025, ch 116, § 4; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/32-3-83
  • Title: SL 2025, ch 116 (House Bill 1129), An Act to provide for the transfer of motor vehicles and boats upon death. Publisher: South Dakota Legislative Research Council. Publication Date: Signed March 11, 2025. URL: https://mylrc.sdlegislature.gov/api/Documents/283287.pdf
  • Title: SDCL 2-14-16, Effective date of legislative acts. Publisher: South Dakota Legislature. Publication Date: SDC 1939; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/2-14-16
  • Title: All Vehicles: Title, Fees and Registration (Vehicle & Boat Beneficiaries). Publisher: South Dakota Department of Revenue. Publication Date: Not listed; accessed 2026-09-27. URL: https://dor.sd.gov/individuals/motor-vehicle/all-vehicles-title-fees-registration/
  • Title: SDCL 55-3-6, Trust irrevocable in absence of express contrary provisions. Publisher: South Dakota Legislature. Publication Date: SL 2019, ch 209, § 5; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-3-6
  • Title: SDCL 55-4-58, Presentation of claims against property of trust revocable at settlor's death. Publisher: South Dakota Legislature. Publication Date: SL 2010, ch 232, § 12; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-4-58
  • Title: SDCL 55-2-14, Duty to provide information regarding revocable trust and its administration. Publisher: South Dakota Legislature. Publication Date: SL 2007, ch 247, § 9; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-2-14
  • Title: SDCL 29A-3-102, Necessity of order of probate for will. Publisher: South Dakota Legislature. Publication Date: SL 2002, ch 138, § 1; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-102
  • Title: SDCL 29A-3-719, Compensation of personal representative. Publisher: South Dakota Legislature. Publication Date: SL 1996, ch 187; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-719
  • Title: SDCL 29A-3-1201, Collection of personal property by affidavit. Publisher: South Dakota Legislature. Publication Date: SL 2022, ch 88, § 1; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-1201
  • Title: SDCL 29A-3-1203, Succession to real property by affidavit. Publisher: South Dakota Legislature. Publication Date: SL 2022, ch 89, § 1; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-1203
  • Title: SDCL 28-6-23, Medical assistance as debt to department--Recovery of debt. Publisher: South Dakota Legislature. Publication Date: SL 2013, ch 125, § 12; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/28-6-23
  • Title: ARSD 67:48:02:01, Definitions. Publisher: South Dakota Legislature. Publication Date: 40 SDR 229, effective June 30, 2014; accessed 2026-09-27. URL: https://sdlegislature.gov/Rules/Administrative/67:48:02:01
  • Title: Schedule of Court Costs (Guide to Filing Fees and Court Costs, Civil Filings Only). Publisher: South Dakota Unified Judicial System. Publication Date: Effective July 1, 2026. URL: https://ujs.sd.gov/media/pcyowtsx/2027-schedule-of-court-costs.pdf

It is not legal advice.

Prefer to talk it through? Get a free local attorney match (no obligation).

Settled Estate is not a law firm and does not give legal advice.

Ready to put your own plan in place?

This guide covered the tools. The estate planning hub walks through wills, trusts, beneficiary designations, and the documents that put them in place.

Explore estate planning in South Dakota

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.