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 | No filing-fee figure is stated here. The South Dakota circuit-court fee could not be read from this environment on 2026-09-27: sdlegislature.gov serves a JavaScript application that returns no statutory text without a browser. |
| Attorney fees | Not statutory. |
| 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
South Dakota fixes no percentage; the amount is what the court approves as reasonable on the facts of the estate, and we found no named, dated published source for what is approved in practice, so no figure is stated here. 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 | No South Dakota figure is stated in this field. The governing provision is §29A-3-801, §29A-3-803. The figure previously stated here was never verified against a statute or an independent publisher: its only source was a commercial reproduction of the code, and South Dakota law cannot be read at a primary source from the environment this page was checked in. It is recorded in data/withdrawn-figures.json as sd-creditor-claim-period, so it cannot return to any page without failing the build. |
| Statutory floor (creditor period) | No South Dakota figure is stated in this field. The governing provision is §29A-3-801, §29A-3-803. The figure previously stated here was never verified against a statute or an independent publisher: its only source was a commercial reproduction of the code, and South Dakota law cannot be read at a primary source from the environment this page was checked in. It is recorded in data/withdrawn-figures.json as sd-creditor-claim-period, so it cannot return to any page without failing the build. |
| Transfer-on-death deed | No transfer-on-death deed statute for real property was found in the South Dakota statutes, and no source publishing one is cited here. The South Dakota statutes could not be read at a primary source from the environment this page was checked in, and the only source previously cited for this field was a commercial reproduction of the code. |
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 — No transfer-on-death deed statute for real property was found in the South Dakota statutes, and no source publishing one is cited here. The South Dakota statutes could not be read at a primary source from the environment this page was checked in, and the only source previously cited for this field was a commercial reproduction of the code.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: S.D. Codified Laws §29A-3-719; S.D. Codified Laws §29A-3-801; S.D. Codified Laws §29A-3-803; S.D. Codified Laws §29A-3-1201; S.D. Codified Laws §29A-6-401
- State authority: South Dakota Codified Laws (South Dakota Legislature, sdlegislature.gov)
- Small-estate procedure: https://sdlegislature.gov/Statutes/29A-3-1201
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
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How Much Does Probate Cost in South Dakota? — the full cost breakdown.
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How Much Does an Executor Get Paid in South Dakota? — the fee rule in detail.
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How Long Does Probate Take in South Dakota? — the timeline and its statutory floor.
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How to Avoid Probate in South Dakota — the transfers that pass outside it.
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How Much Does a Will Cost in South Dakota? — execution requirements and pricing.
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.