Serves Sioux Falls and clients throughout South Dakota from its office on East 8th Street. Guides executors and trustees through probate and trust administration, from settling debts and estate taxes to transferring assets, and handles wills, trusts, and guardianships. Founded in 1894 and kept small by design, so clients work directly with their attorney; initial consultations are free.
Probate in Brookings County
Probate Court Record
Brookings County Circuit Court
Brookings County · 3rd Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
314 6th Avenue, Suite 6, Brookings, SD 57006-2085
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
How to file probate in Brookings County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Brookings County? →Settling an estate in Brookings County →
Asset Protection Firms Serving Brookings County
Practices from Sioux Falls. Takes probate from appointment of the personal representative to closing the estate, assists trustees with trust administration and trustee removal or appointment, and handles guardianships, conservatorships, trust and estate litigation and will contests. Its attorneys are licensed in six states, from South Dakota to Kansas.
Serves families from its office on S Bur Oak Place in Sioux Falls. Handles probate and trust administration, representing fiduciaries and beneficiaries, drafting family settlement agreements, modifying or terminating trusts, and preparing estate tax returns and audits. Also plans farm and business successions and high-net-worth estate tax strategies.
Serves South Dakota clients from a Sioux Falls office, and clients elsewhere virtually. Guides personal representatives and beneficiaries through probate, estate and trust administration, and handles wills, trusts, Medicaid and special-needs planning, asset protection, and business succession. Attorney Lindsay M. Harris works with a probate and trust administration coordinator.
Serves South Dakota, Iowa, Minnesota, Nebraska, and North Dakota from Sioux Falls. Its probate attorney works only on probate, estate and trust administration for personal representatives and successor trustees, alongside Medicaid, special-needs and asset-protection planning. Has South Dakota's first Board Certified Elder Law Attorney certified by the National Elder Law Foundation.
Serves clients across South Dakota from Sioux Falls, with partners also licensed in Iowa, Nebraska, Minnesota, and Colorado. Handles probate, small-estate and trust administration, guardianships, and Medicaid planning, along with wills, trusts, and farm succession planning. Offers a free 20 to 30 minute initial consultation and meets clients by video call.
All 11 South Dakota asset protection firms serving Brookings County →
Forms for Planning Your Estate in South Dakota
Free forms for planning your estate in South Dakota: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for South Dakota.
$12/month
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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Free
Pour-Over Will
In South Dakota, a pour-over will is signed before 2SDCL 29A-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
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Free
Transfer on Death Deed
In South Dakota, a transfer on death deed is signed before a notarySDCL 29A-6-401 to 29A-6-435Verified Oct 19, 2026View source, then recorded with the county before the owner's deathSDCL 29A-6-401 to 29A-6-435Verified Oct 19, 2026View source. South Dakota does not recognize a Lady Bird deed.
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Free
Last Will and Testament
In South Dakota, a will is signed before 2SDCL 29A-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonySDCL 29A-2-502Verified Oct 19, 2026View source.
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Tools for Planning Your Estate in South Dakota
Free tools for planning your estate in South Dakota: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for South Dakota.
Trust or Will: Which Costs Less?
In South Dakota, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in South Dakota runs $3,580Estimate: 10 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,370Estimate: 15 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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Do I Need a TOD Deed?
South Dakota authorizes transfer on death deedsSDCL 29A-6-401 to 29A-6-435Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
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Are My Beneficiary Designations Protected?
South Dakota automatically revokes an ex-spouse as beneficiary at divorceSDCL § 29A-2-804; § 29A-1-201Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
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