South Dakota Probate Court
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Table of Contents
Probate is a court-supervised process of administering a person's property after their death. South Dakota follows the Uniform Probate Code, which simplifies the probate process. For example, the Uniform Probate Code permits unsupervised administration for uncontested small estates. Before searching for probate records in South Dakota, it is best to understand the probate process, case types, and county-level operations of the probate courts.
How the Probate Process Works in South Dakota
Probate begins when an interested party files a petition in the Circuit Court of the county where the deceased lived. If the deceased left a will, the court verifies it and appoints the named executor. However, if the deceased left no will, the court appoints an administrator.
South Dakota provides both formal probate and informal probate. Informal cases may conclude within 6 to 12 months, while formal cases can last longer, particularly when litigation is involved.
What Are the Costs of Probate in South Dakota?
The cost of the probate process depends on various fees, namely court filing fees, attorneys fees, executor's fees, and administration costs.
Depending on the county, the fees to file the petition can range between $70 and $125. An executor is entitled to receive a "reasonable fee," to be determined by the court, which is oftentimes a percentage of the value of the assets of the estate. Attorneys tend to charge by the hour or a flat fee. Other costs may include, but are not limited to, notices published, appraisals, and certified copies.
Types of Probate Cases in South Dakota
South Dakota recognizes several categories of probate, including the following:
- Testate Probate: This process is used when the person left a valid will before dying.
- Intestate Probate: This process is used in situations where the deceased does not have a will. The court decides how the assets are distributed under state intestacy laws.
- Informal Probate: Informal probate is a simple process for distributing uncontested estates.
- Formal Probate: Formal probate is a court-supervised process used to administer estates in dispute, especially when litigation is involved.
- Small Estate Affidavit: This process is used for small estates or estates valued under $100,000.
South Dakota Probate Court Forms and Filing Instructions
In South Dakota, probate forms can be obtained from the South Dakota Unified Judicial System (UJS) website and county circuit courts. However, interested persons are advised to consult the circuit court clerk before filing. This is important because local requirements for filing a probate matter can vary.
How South Dakota Probate Courts Work at the County Level
Probate cases are handled by the Circuit Courts across South Dakota’s 66 counties. Listed below are the 10 most populous counties and their probate functions:
- Minnehaha County (Sioux Falls) – Minnehaha County Circuit Court manages substantial amounts of probate matters annually. The court also offers different online probate resources.
- Pennington County (Rapid City) – This court offers informal probate filings and contested case hearings.
- Lincoln County (Canton) – Lincoln County Circuit Court provides small estate affidavit services.
- Brown County (Aberdeen) – Brown County Circuit Court handles different types of probate services, including small estate affidavits.
- Brookings County – Brookings County Circuit Court offers guidance for both informal and formal probate.
- Codington County (Watertown) – This court provides extensive probate services at the courthouse.
- Meade County (Sturgis) – Meade County Circuit Court handles fewer caseloads but follows full probate procedures.
- Lawrence County (Deadwood/Spearfish) – This court provides a step by step guide for probate filings at the courthouse.
- Yankton County – Yankton County Circuit Court provides both intestate and testate probate services.
- Davison County (Mitchell) – Davison County Circuit Court provides probate forms and instructions at the courthouse.
How to Search Probate Records in South Dakota
The Circuit Court Clerk in each South Dakota county maintains probate records. Public records usually include the decedent’s name, executor or administrator details, and case numbers. These records can be accessed using the South Dakota UJS Public Access Portalor through in-person requests at the circuit courts' clerks' offices. Note that some records may be restricted if sealed by court order. Interested persons can obtain certified copies of open records at the clerk's office for a fee.