South Dakota probate guide

Probate process in South Dakota

South Dakota adopted the Uniform Probate Code. Probate runs in the Circuit Court with filing fees that typically range from $70 to $200 depending on county. The small-estate affidavit is available for estates of $100,000 or less in personal property with no real estate, 30 days after death. South Dakota recognizes transfer-on-death deeds under SDCL § 29A-6-403 et seq.

South Dakota probate at a glance

Court
Circuit Court (Probate)
Typical timeline
24–52 weeks
Filing fee
$70–$200
Small-estate threshold
$100,000
TOD deed allowed?
Yes
Bond required by default?
No
Statute
S.D. Codified Laws Ch. 29A (South Dakota Uniform Probate Code)

Source: ujs.sd.gov. Fees and thresholds change — verify with your county court before filing.

How South Dakota probate works, step by step

  1. 1File application for informal probate with the Circuit Court clerk
  2. 2Clerk appoints personal representative and issues letters
  3. 3Mail notice to heirs/devisees and publish creditor notice
  4. 4Inventory assets and pay debts, taxes, and allowances
  5. 5File closing statement and distribute remaining property

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed South Dakota probate attorney for advice specific to your situation.