Probate in Minnehaha County

Probate Court Record

Minnehaha County Circuit Court

Minnehaha County · 2nd Judicial Circuit

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

425 North Dakota Avenue, Sioux Falls, SD 57104

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

How to file probate in Minnehaha County →

Verified October 16, 2026 · Source

Do I need a lawyer for probate in Minnehaha County? →Settling an estate in Minnehaha County →

Asset Protection Firms Serving Minnehaha County

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.

Estate PlanningTrust AdministrationProbateTax PlanningSpecial Needs Planning+3

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.

Solo PracticeVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawTax Planning+5

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.

Free consultationVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawTax Planning+5

Serves clients throughout South Dakota from its main office on 57th Street in Sioux Falls, with a second location in Pierre. Handles probate and trust administration, and represents clients in will and trust contests, fiduciary-duty claims against trustees or executors, and beneficiary disputes. Formerly Murphy, Goldammer & Prendergast, LLP until December 2015.

Estate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+2

Serves Sioux Falls from a solo office on South Crossing Place. Takes families through probate and trust administration and guardianship and conservatorship petitions, and drafts wills, trusts, special needs trusts and Medicaid long-term care plans. Attorney Rebecca Wilson founded it after 18 years in estate planning and elder law and belongs to the National Association of Elder Law Attorneys.

Solo PracticeEstate PlanningTrust AdministrationProbateElder LawConservatorship+4

Serves families, farmers and ranchers throughout South Dakota from Sioux Falls, with a second office in Grand Forks, North Dakota since a July 2026 merger. Takes executors and trustees through probate and trust administration, from notices to heirs and creditors to tax returns and retitling deeds. Also drafts living trusts, wills and Medicaid plans, licensed in five states.

Since 2003Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawSpecial Needs Planning+7

All 11 South Dakota asset protection firms serving Minnehaha 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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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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All South Dakota forms

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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All South Dakota tools