How Probate Works in South Dakota

Does South Dakota require probate?

Not always. South Dakota adopted the Uniform Probate Code (UPC), which simplifies the process. Estates with personal property under $100,000 can use a small estate affidavit after a 30-day waiting period.

For larger estates, informal probate handles most uncontested cases without a hearing.

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What court handles probate in South Dakota?

Probate in South Dakota is handled by the Circuit Court in the county where the deceased person lived. South Dakota has 66 counties organized into 7 judicial circuits. There is no separate probate court.

The Clerk of Courts in each county accepts probate filings and can provide local forms and procedural guidance.

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Small estate threshold

Estates where the deceased's personal property is valued at $100,000 or less can use a small estate affidavit to collect assets without probate (South Dakota Codified Laws § 29A-3-1201).

Requirements:

• At least 30 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The total value of personal property does not exceed $100,000.
• The person filing the affidavit is entitled to the property under the will or intestate law.

The affidavit can be presented to banks and other holders of the deceased's property. Real estate cannot be transferred by affidavit and requires probate or a separate legal process.

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Simplified probate options

South Dakota's UPC-based system provides two main tracks:

Informal probate. The standard path for uncontested estates. A personal representative files an application with the court registrar, and the appointment happens without a hearing. Most South Dakota estates use this process.

Formal probate. Used for contested situations, will disputes, or complex estates. Requires a court hearing and a judge's involvement.

Supervised administration. Available in rare cases when the court orders full oversight. Uncommon.

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What if there is no will?

When someone dies without a will in South Dakota, the estate follows the state's intestate succession laws (SDCL § 29A-2-101 et seq.).

If the deceased was married:

• Spouse, no descendants (or all descendants are also the surviving spouse's descendants). The surviving spouse inherits the entire estate.
• Spouse and descendants from a prior relationship. The surviving spouse receives the first $100,000 of the estate plus 50% of the balance. The remaining portion goes to the deceased's descendants.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes South Dakota different?

No state income tax or estate tax

South Dakota has no state income tax, no state estate tax, and no state inheritance tax. This makes the financial side of estate settlement simpler than in states that impose their own taxes on top of federal requirements.

Trust-friendly state

South Dakota is widely known as one of the most trust-friendly states in the country. Many families use South Dakota dynasty trusts and other trust structures specifically to avoid probate. If the deceased had assets in a South Dakota trust, those assets typically pass outside of probate entirely.

Rural court access

With 66 counties spread across a large land area, some courthouses in western South Dakota are in small towns with limited hours. The state judiciary's website provides self-help probate forms and instructions, which helps families in remote areas.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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