South Dakota adopted the Uniform Probate Code, which makes its probate process more streamlined than many states' — informal proceedings are the default, and a bond generally isn't required unless the court decides one is needed. Probate is handled in the Circuit Court, since South Dakota doesn't have a separate probate court. This guide walks through every step.
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Does South Dakota Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, and jointly held property with right of survivorship. South Dakota also recognizes transfer-on-death deeds for real estate, giving residents another straightforward way to keep a home out of probate.
South Dakota's Small Estate Procedure
Under SDCL 29A-3-1201, estates valued at $100,000 or less (raised from $50,000 by a 2022 law, SL 2022, ch 88) can skip formal probate entirely. An heir or beneficiary can collect the deceased's personal property (bank accounts, vehicles, personal belongings) using a sworn affidavit, at least 30 days after death, without opening a court case. This does not apply to real estate, which generally requires some form of probate to transfer clear title.
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See the full checklist →Informal vs. Formal Probate in South Dakota
- Informal probate: South Dakota's default path for most estates. The clerk of courts processes the application administratively, without a hearing, as long as the paperwork is in order.
- Formal probate: Required when there's a will contest, ambiguity about who inherits, or other disputes that need a judge's ruling.
How to Open Probate in South Dakota
- File an Application for Informal Probate of Will and Appointment of Personal Representative (or the no-will equivalent) in the Circuit Court of the county where the deceased was domiciled.
- Bring the original will, if any, a certified death certificate, and a list of heirs.
- The clerk of courts reviews the application administratively for informal probate — typically within a couple of weeks.
- If approved, the court issues Letters Testamentary or Letters of Administration.
South Dakota Personal Representative Compensation
South Dakota uses a "reasonable compensation" standard under SDCL 29A-3-719 — there's no fixed statutory percentage. The court fixes compensation based on the services actually performed, and a personal representative can also renounce all or part of their fee. In practice, reasonable compensation in South Dakota often runs in the low single-digit percentage of estate value, though the court has discretion.
Does South Dakota Require a Bond?
South Dakota's default rule is the opposite of many states: under SDCL 29A-3-603, a bond is not required unless the court concludes one is in the best interests of the estate — no waiver language in the will is even needed. This is one of the more personal-representative-friendly bond rules in the country, reflecting South Dakota's modernized adoption of the Uniform Probate Code.
Creditor Claims in South Dakota
The personal representative should publish a Notice to Creditors. Under SDCL 29A-3-803, creditors then have 4 months from the date of first publication to file claims. Without published notice, creditors generally have up to 3 years from the date of death to bring a claim.
Pro tip
South Dakota's 4-month creditor window is shorter than many states (South Carolina and Rhode Island, for comparison, use 6–8 months) — but the $100,000 small estate threshold and the no-bond-by-default rule can make South Dakota probate move faster overall. Confirm both figures against the current statute before advising a family, since South Dakota periodically revisits these thresholds — this one was doubled from $50,000 in 2022.
South Dakota Intestacy
If there's no will, South Dakota's intestacy statute (SDCL 29A-2-102) applies. If the deceased has a surviving spouse and all descendants are also descendants of the spouse, the spouse inherits everything. If the deceased has descendants who are not also descendants of the spouse, the spouse takes the first $100,000 plus one-half of the balance, with descendants splitting the remainder. If there's no spouse, descendants inherit equally; if no descendants, parents take next.
South Dakota Has No State Estate or Inheritance Tax
South Dakota has no state estate tax and no inheritance tax — and hasn't for years. Only the federal estate tax applies, with its exemption of $15 million per person for 2026. The vast majority of South Dakota estates owe no estate or inheritance tax of any kind.
You're reading about probate in South Dakota. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in South Dakota may change. Consult a licensed South Dakota attorney for guidance specific to your situation.