South Dakota Probate Cost: One Flat $122 Court Fee in All 66 Counties
Settled Estate lists court filing fees and timelines for 6 South Dakota probate procedures. The cheapest published route starts at $122 for open formal or informal probate. Last verified September 2026.
South Dakota prices probate with a single statewide court cost that does not move with the size of the estate. The figure is three statutes added together, and quoting only the first one understates the bill.
Opening a formal or informal South Dakota estate costs $122. That is the Probate / Estate row of the Unified Judicial System Schedule of Court Costs (effective July 1, 2026), and it is built from three statutes: $75 for the probate of an estate under SDCL § 16-2-29(1), the $40 court automation surcharge that § 16-2-39 adds to every probate proceeding, and the $7 county law library fee under § 14-6-1. Quoting $75 or $115 as the South Dakota probate filing fee understates what the clerk of courts collects.
The fee is the same whatever the estate is worth. South Dakota has no probate tax, no value-based fee, and no estate or inheritance tax, so an $80,000 estate and a $3,000,000 estate pay the same $122 to open. Neither small-estate affidavit carries a court fee: the § 29A-3-1201 personal-property affidavit is presented to the holder of the property, and the § 29A-3-1203 real-property affidavit is recorded with the register of deeds for a $30 recording fee.
South Dakota does set a percentage for the personal representative, but only as a fallback. When the will does not provide for compensation, or there is no will, SDCL § 29A-3-719(c) allows commissions on the personal property accounted for: 5% of the first $1,000, 4% of the next $4,000 and 2.5% above $5,000. Attorneys, accountants and other agents get reasonable compensation under § 29A-3-719(a), with no percentage, so no attorney figure is estimated here.
Quick Summary
- Open formal or informal probate
- $122Flat in all 66 counties (UJS Schedule of Court Costs, effective July 1, 2026)
- Small estate affidavit
- $0Never filed. Estate of $100,000 or less, net of liens (SDCL § 29A-3-1201)
- Real-property affidavit
- $30Register of deeds recording, first 50 pages; land of $50,000 or less (§ 29A-3-1203)
- Personal representative commissions
- 5% / 4% / 2.5%On personal property when the will is silent (SDCL § 29A-3-719(c))
There is no cheaper South Dakota county. Court costs are set by state statute and published in one statewide schedule, every county hears probate in the circuit court, and counties impose no local probate tax. Register of deeds recording fees are also statewide under SDCL § 7-9-15. The one genuinely local cost is the legal newspaper that prints a notice to creditors, if the personal representative chooses to publish.
Typical Total Cost Ranges
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Informal Probate and Appointment | Any estate. The fee does not depend on value | $122 ($75 under SDCL § 16-2-29(1), $40 surcharge under § 16-2-39, $7 law library fee under § 14-6-1) | Commonly 6 to 12 months; closing no earlier than four months after appointment | No statutory requirement | An uncontested estate that needs letters, or one with land worth more than $50,000 |
| Formal Testacy and Appointment | Any estate | $122, the same as informal probate | Commonly 9 to 18 months for a contested or court-supervised matter | No statutory requirement, and rare without one | A disputed will, uncertain heirs, or a family that wants a court order |
| Special Administration | Any estate needing a temporary fiduciary | $72 ($25 under SDCL § 16-2-29(3)(h), plus the $40 surcharge and $7 law library fee) | On filing | No statutory requirement | A special administration proceeding, which has its own schedule row |
| Small Estate Affidavit (Personal Property) | Entire estate, wherever located, net of liens and encumbrances, of $100,000 or less (SDCL § 29A-3-1201) | $0. It is presented to the holder of the property and never filed | Usable 30 days after the death | No | Accounts, vehicles and belongings, with no Medicaid nursing home debt |
| Real-Property Affidavit | Decedent's interest in all South Dakota land of $50,000 or less on the statutory valuation basis (SDCL § 29A-3-1203) | $0 in court fees; $30 register of deeds recording fee for the first 50 pages (§ 7-9-15(1)) | Usable 60 days after the death | No statutory requirement | A modest house or parcel that would otherwise be the only reason to open a probate |
| Answer or Responsive Pleading in a Case | Any estate already open | $25 equal access surcharge (SDCL § 16-2-58.2), waivable; confirm with the clerk whether a probate objection counts | On filing | No statutory requirement | An objector or other party answering in an open case |
Additional Costs to Expect
Opening a South Dakota Estate
The $122 is the Probate / Estate total on the Unified Judicial System schedule, paid to the clerk of courts when the first paper is filed, formal or informal, in every county. It is $75 under SDCL § 16-2-29(1), plus the $40 court automation surcharge under § 16-2-39 and the $7 county law library fee under § 14-6-1. A court may waive filing fees and service costs on a motion and an affidavit of inability to pay (§§ 16-2-29.2 and 16-2-29.3), and the surcharge may be waived the same way (§ 16-2-42).
Personal Representative Commissions
SDCL § 29A-3-719(c) says that when compensation is not provided by will, or in an intestate proceeding, the personal representative may be allowed commissions on the personal property accounted for. On $100,000 of personal property that is $50 + $160 + $2,375 = $2,585. Unsold real property earns a just and reasonable fee fixed by the court instead, while real estate the personal representative sells in the probate counts as personal property. A personal representative may renounce all or part of any compensation (§ 29A-3-719(b)).
Attorney Fees, Under Court Review
Attorneys, accountants, appraisers and other agents of the estate are entitled to reasonable compensation under SDCL § 29A-3-719(a), judged on factors such as time and labor, difficulty, the customary local fee and the value of the estate. After notice to interested persons, the court may review the reasonableness of any agent's pay and order a refund of anything excessive (§ 29A-3-721). A personal representative who defends or prosecutes a proceeding in good faith is entitled to necessary expenses, including reasonable attorney's fees, from the estate (§ 29A-3-720). Ask for a written fee agreement.
Certified Death Certificates
ARSD 44:09:06:02(2) sets $15 for each certified copy of a death record, and ARSD 44:09:06:02.01 adds $5 for a telephone or internet request paid by credit card. Copies come from the South Dakota Department of Health or from a register of deeds acting as local registrar. The real-property affidavit needs a certified or authenticated copy for each county where it is filed.
Recording With the Register of Deeds
SDCL § 7-9-15(1) sets one fee for deeds and for every instrument the statute does not price separately, which covers a personal representative's deed, a § 29A-3-1203 real-property affidavit, and a transfer-on-death deed's affidavit of confirmation. A certified copy of a recorded instrument is $5 for the first page plus $1 for each additional page. A transfer under a decree of distribution, and a transfer for which no consideration was given, is exempt from the real estate transfer fee (§ 43-4-22(10) and (18)).
Court Copies
SDCL § 16-2-29(7) sets $15 for an authenticated, exemplified or double certificate copy of a record, which an out-of-state court or registry may ask for. Copies furnished by the attorney of record or the personal representative in a probate, when needed to complete the case, must be certified at no extra charge (§ 16-2-29(8)). A records search requested by someone who is not a party costs $20 per name (§ 16-2-29.5).
Publishing a Notice to Creditors
Under SDCL § 29A-3-801(a) the personal representative may publish a notice to creditors once a week for three successive weeks in a legal newspaper in the county, which bars claims not presented within four months of the first publication. Written notice to known creditors is required whether or not the estate publishes. Section 17-2-19 caps the newspaper's rate, starting from a statutory base of 35.5 cents per line of eight-point type for a paper with paid circulation under 9,000, adjusted each July 1, and later insertions are billed at 80% of the first (§ 17-2-20). No total is estimated here.
The Personal Representative's Bond
Since July 1, 2025, a bond is not required of a personal representative unless the court concludes that a bond is in the best interests of the estate (SDCL § 29A-3-603). If bond is required and no amount is set, the personal representative files a sworn estimate of the personal estate plus a year's expected income and posts at least that amount; the clerk may reduce it by assets placed on deposit in South Dakota under restrictions that prevent unauthorized disposition (§ 29A-3-604).
The Small Estate Affidavits
Neither affidavit is filed with a court. The § 29A-3-1201 personal-property affidavit is presented to the holder after 30 days, and a notary may charge to witness the signatures. The § 29A-3-1203 real-property affidavit is recorded with the register of deeds after 60 days for the $30 recording fee. Both are closed if the decedent owed the Department of Social Services for Medicaid-paid nursing home or other institutional care, so budget for a probate in that case whatever the estate is worth.
Guardianship and Conservatorship, a Separate Case
A guardianship or conservatorship is a different case from the estate. SDCL § 16-2-29(3)(b) charges $25, and the schedule totals $72 with the surcharge and law library fee, covering all subsequent papers in that case.
Taxes
SL 2014, ch 59 repealed the South Dakota inheritance tax, the estate tax and the chapter that administered them. A $72 schedule row for determination of inheritance tax and a § 16-2-29(3)(c) fee line survive as vestiges, not a live tax. Counties impose no local probate tax. A federal estate tax return may still be due for a large estate.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The South Dakota Medicaid estate recovery guide explains when that applies.