The Estate Planning Guide Est. 2026

South Dakota Probate Fee Sheet (Printable)

By The Estate Planning Guide Editorial Team Researched against primary sources

Published August 15, 2026 4 min read

Quick answer

South Dakota does not set probate fees by statute. As a Uniform Probate Code state, it allows streamlined informal probate that keeps costs low — attorney fees for a routine estate typically run $2,500 to $5,000, plus a modest court filing fee, and there is no state estate or inheritance tax.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for South Dakota with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page South Dakota reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our South Dakota probate pages.

South Dakota probate fees

Item South Dakota
Court filing fee A modest circuit-court filing fee to open the estate, commonly under about $250; confirm the current amount with the local clerk of courts.
Attorney fees Not statutory. Attorneys generally charge a flat fee ($2,500–$5,000 for routine informal probate) or hourly ($200–$350/hr); fees must be reasonable.
Executor / personal representative fees S.D. Codified Laws §29A-3-719 entitles the personal representative to reasonable compensation, with no fixed percentage; the court can review it. Family personal representatives often waive the fee.
Fee basis reasonable
Appraisal / referee Not used. South Dakota does not appoint a state appraiser, though the personal representative must prepare an inventory and appraisement (S.D. Codified Laws §29A-3-706).

Worked example

On a $450,000 South Dakota estate there is no fixed percentage; a personal representative might reasonably request roughly $9,000–$18,000 based on the time and complexity involved, subject to court review for reasonableness. The estate's attorney fee is separate.

South Dakota thresholds and deadlines

Item South Dakota
Small-estate threshold If the entire estate, less liens, is worth $50,000 or less, successors can collect personal property by affidavit 30 days after death under S.D. Codified Laws §29A-3-1201.
Creditor claim period Creditors have four months from the first published notice to present claims, with a one-year-from-death outer limit, under S.D. Codified Laws §29A-3-801 and §29A-3-803.
Typical duration About 6 to 12 months for a routine informal probate.
Transfer-on-death deed South Dakota allows a transfer-on-death deed for real estate under its Real Property Transfer on Death Act, S.D. Codified Laws §29A-6-401 et seq. (effective 2014). An owner can record a TOD deed naming a beneficiary, and the property passes at death without probate.
Note on the creditor-claim clock. The period above does not start on the same event in every state — depending on the statute it can run from the date of death, from the date letters are issued to the personal representative, or from first publication of notice. The South Dakota trigger is stated in the row above, as written in the statute.

What passes outside South Dakota probate

These transfers are not part of the estate the fees above are calculated on:

  • Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
  • Joint ownership with right of survivorship.
  • Transfer-on-death deed — South Dakota allows a transfer-on-death deed for real estate under its Real Property Transfer on Death Act, S.D. Codified Laws §29A-6-401 et seq. (effective 2014). An owner can record a TOD deed naming a beneficiary, and the property passes at death without probate.
  • Assets titled into a funded living trust.

Sources for this sheet

Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the South Dakota court before relying on it.

The full South Dakota guides

Fee sheets for other states

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This sheet sets out South Dakota probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the South Dakota courts or a licensed South Dakota attorney.

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