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Hiring a Asset Protection Attorney in South Dakota

Estate planning attorneys in South Dakota average $311 per hourClio Legal Trends Report 2025Verified Jan 1, 2025 for wills and estates work. Flat-fee packages run roughly $933–$1,866 for a simple individual will and $3,580–$5,370 for a basic revocable trust. Online and DIY services cost $30–$300 for the same documents — see the will cost calculator for a side-by-side comparison.

South Dakota has a generous small-estate threshold of $100,000. Estates under that line can use the Small Estate Affidavit procedure, which is a form rather than a court case — most families can handle it without an attorney. For estates above the threshold, formal probate generally benefits from counsel because of the procedural overhead, even when nothing is contested. The South Dakota probate calculator estimates total costs based on estate value.

In South Dakota, the situations where retaining counsel is typically worth the cost are: blended families with children from prior relationships; ownership of a business, rental property, or significant investment assets; special-needs dependents who need a special-needs trust to preserve benefits; substantial property held in multiple states. If none of these describe your situation, the simpler online and DIY tools are often enough.

South Dakota has an unusual fee split: attorney fees are negotiable, but the executor's compensation is set by statute at 2.5%–5% of the estate valueSDCL § 29A-3-719(c) (5% on first $1K, 4% on $1K-$5K, 2.5% on amounts over $5K for personal property; real property court-determined as just and reasonable)Verified May 27, 2026. That makes the executor portion predictable, which is useful when a family member is serving as executor and isn't sure what to charge.

Start by filtering the directory above by your county and the practice area you need. Look for firms with experience in your specific situation — board certifications in estate planning, trust, or probate law are a strong signal. Most South Dakota estate planning attorneys offer an initial consultation; some are free, others charge a flat fee. Ask up front whether the firm bills by the hour or by flat-fee package, and what the expected cost is for your situation.

Asset Protection Attorneys in South Dakota

South Dakota attorneys average $311Clio Legal Trends Report 2025Verified Apr 1, 2026 an hour for wills and estates work. A basic will from an attorney runs $933Clio Legal Trends Report 2025Verified Apr 1, 2026–$1,866Clio Legal Trends Report 2025Verified Apr 1, 2026; online services cost $30–$300.

South Dakota sets the executor's fee by statute even though the attorney's isn't. The executor takes 2.5%SDCL § 29A-3-719(c) (5% on first $1K, 4% on $1K-$5K, 2.5% on amounts over $5K for personal property; real property court-determined as just and reasonable)Verified May 27, 2026–5%SDCL § 29A-3-719(c) (5% on first $1K, 4% on $1K-$5K, 2.5% on amounts over $5K for personal property; real property court-determined as just and reasonable)Verified May 27, 2026 of the estate as a fixed percentage. That's the predictable cost component on probate here.

Worth knowing: estates under $100,000§ 29A-3-1201Verified May 27, 2026 can use South Dakota's simplified affidavit instead of formal probate. If your situation is straightforward and the estate fits, you may not need an attorney at all.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • § 29A-3-1201
  • Clio Legal Trends Report 2025
  • SDCL § 29A-3-719(c) (5% on first $1K, 4% on $1K-$5K, 2.5% on amounts over $5K for personal property; real property court-determined as just and reasonable)

Data sourced from South Dakota statutes and official state code. How we research.

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Home→Estate Law Firms→South Dakota

Asset Protection Attorneys in South Dakota

Search 3,941 estate law firms across 51 states.

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to discuss your situation and verify their current practice areas and availability.

12 firms

Aspen Legacy Planning

Firm

With over 30 years of proven experience in estate planning and probate, Aspen Legacy Planning in Rapid City provides in-depth legal knowledge and insights to help families build a secure and prosperous future. Services include wills, trusts, powers of attorney, TOD deeds, trust and estate administration, elder law, Medicaid planning, VA benefits, and business and ranch succession planning.

Location

770 Sheridan Lake RoadRapid City, SD 57702

Phone

(605) 610-4016

Established

2006

Estate PlanningProbateElder LawTrustsWillsMedicaid PlanningSpecial Needs PlanningAsset ProtectionGuardianshipBusiness Succession
Free consultationVisit site →

Christopherson, Anderson, Paulson & Fideler, LLP

Firm

Christopherson, Anderson, Paulson & Fideler has been serving South Dakota since 1894 with over 130 years of legal practice. The firm handles estate planning, probate, trust creation and updates, asset preservation, wills, real estate, and business organization. An intentionally small firm where clients work directly with their attorney.

Location

426 East 8th StreetSioux Falls, SD 57103

Phone

(605) 679-6745

Established

1894

Estate PlanningProbateTrustsWillsAsset ProtectionBusiness Succession
Free consultationVisit site →

Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP

Firm

Costello Porter has been serving Rapid City since 1889. The firm has extensive experience drafting wills and trusts under South Dakota's advantageous trust laws, handling complex and simple probates, and creating living trusts, asset protection trusts, generation skipping trusts, and dynasty trusts.

Location

704 Saint Joseph Street, PO Box 290Rapid City, SD 57701

Phone

(605) 343-2410

Established

1889

Estate PlanningProbateTrustsAsset ProtectionWills
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Denevan Falon Law Firm, Prof. LLC

Firm

Denevan Falon Law Firm focuses on trust and estate litigation, trust administration and planning, trust decanting and modification, guardianships, conservatorships, and vulnerable adult protection. The firm has 45 combined years of experience and specializes in high net worth and ultra-high net worth estate matters with South Dakota dynasty trust structures.

Location

122 South Phillips Avenue, Suite 250Sioux Falls, SD 57104

Phone

(605) 800-8897

Established

2022

Trust AdministrationProbate LitigationEstate PlanningGuardianshipConservatorshipAsset Protection
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Estate Planning Solutions Law Firm, Prof. LLC

Firm

Estate Planning Solutions Law Firm in Sioux Falls focuses on estate planning, farming and business succession planning, probate and trust administration, asset protection, charitable planning, and special needs planning.

Location

5027 S Bur Oak PlaceSioux Falls, SD 57108

Phone

(605) 906-8118

Estate PlanningProbateTrust AdministrationBusiness SuccessionAsset ProtectionCharitable PlanningSpecial Needs Planning
Visit site →

Gunderson, Palmer, Nelson & Ashmore, LLP

Firm

Gunderson, Palmer, Nelson & Ashmore has provided quality legal service for over 50 years and is one of the largest and most widely known law firms in Western South Dakota. Their attorneys have extensive experience in estate planning for individuals from all walks of life.

Location

506 6th StreetRapid City, SD 57701

Phone

(605) 342-1078

Estate PlanningProbateTrust AdministrationBusiness SuccessionAsset ProtectionMedicaid Planning
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Harris Law & Co.

Firm

Harris Law & Co. focuses exclusively on estate planning and related areas, handling wills, trusts, durable powers of attorney, healthcare documents, elder law, Medicaid planning, probate, business succession planning, asset protection, charitable planning, and special needs estate planning.

Location

601 E Tan Tara CircleSioux Falls, SD 57108

Phone

(605) 777-1772

Estate PlanningElder LawProbateTrust AdministrationAsset ProtectionCharitable PlanningSpecial Needs PlanningMedicaid PlanningBusiness SuccessionTax Planning
Free consultationVisit site →

Legacy Law Firm, P.C.

Firm

Legacy Law Firm offers legal services in estate planning, asset protection, elder law and trusts to individuals and businesses throughout the Midwest. The firm has South Dakota's only Board Certified Elder Law Attorney certified by the National Elder Law Foundation. Serves SD, IA, MN, NE, and ND. 40% discount for first responders and active military.

Location

7404 S. Bitterroot PlaceSioux Falls, SD 57108

Phone

(605) 275-5665

Estate PlanningElder LawAsset ProtectionTrustsMedicaid PlanningSpecial Needs PlanningTax PlanningBusiness SuccessionProbateTrust Administration
Free consultationVisit site →

Lynn, Jackson, Shultz & Lebrun, P.C.

Firm

Lynn Jackson estate planning and probate lawyers work with individuals and their families and financial advisors to develop individually-tailored solutions to address wealth transfer and preservation challenges. They draft wills, trusts, powers of attorney, asset protection plans, and business succession plans.

Location

110 N. Minnesota Avenue, Suite 400Sioux Falls, SD 57104

Phone

(605) 332-5999

Established

1946

Service Area

Statewide

Estate PlanningProbateTrust AdministrationAsset ProtectionBusiness SuccessionWillsGuardianshipConservatorship
Visit site →

Redstone Law Firm LLP

Firm

Redstone Law Firm LLP provides trusted legal services in estate planning, trust and estate administration, wealth management, asset protection, business law, and civil litigation. The firm has over 80 years of collective practice experience with offices in Sioux Falls and Pierre.

Location

1300 W 57th Street, Suite 101Sioux Falls, SD 57108

Phone

(605) 331-2975

Estate PlanningProbateTrust AdministrationBusiness SuccessionAsset Protection
Visit site →