Probate in Codington County

Probate Court Record

Codington County Circuit Court

Codington County · 3rd Judicial Circuit

Hours

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

Office

14 1st Avenue Southeast, Watertown, SD 57201

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

How to file probate in Codington County →

Verified October 16, 2026 · Source

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

Guardianship Firms Serving Codington County

Eleven-attorney firm serving clients in South Dakota and North Dakota from its Aberdeen office in Brown County. Handles probate of estates, guardianships and conservatorships, and wills and trusts, alongside banking, business, family, personal injury, and criminal defense work.

Since 1963Estate PlanningProbateElder LawConservatorshipGuardianship+2

Serves the Huron area from its office on Illinois Avenue SW in Huron. Handles testate and intestate probates, from appointing a personal representative through creditor claims and distribution to heirs, plus guardianships, conservatorships, and protecting vulnerable adults from financial exploitation. Also drafts trusts, wills, and powers of attorney, including farm estate planning.

Estate PlanningProbateConservatorshipGuardianshipWills

Serves Aberdeen and northeastern South Dakota from one office. Handles probate, wills, living wills and health directives, durable powers of attorney, revocable, irrevocable and special-needs trusts, and guardianships and conservatorships. Plans for farm and ranch families whose land values have changed.

Estate PlanningProbateConservatorshipGuardianshipSpecial Needs Planning+3

Serves Sioux Falls and southeast South Dakota from its downtown Sioux Falls office. Handles probate and estate administration, trust administration, guardianships and conservatorships, contested estate matters, and special-needs and charitable planning. Founded in Sioux Falls by Frank L. Boyce in 1878.

Since 1878Serves the whole stateVirtual consultationsEstate PlanningTrust AdministrationProbateProbate LitigationElder Law+4

Serves clients across South Dakota from its office in Huron. Attorney Aaron Pilcher handles formal and informal probate, trust administration, small estate affidavits, and guardianships, and litigates trust, probate, and fiduciary disputes. Also serves businesses as outside general counsel and registered agent.

Solo PracticeServes the whole stateTrust AdministrationProbateProbate LitigationTrust LitigationGuardianship

All 10 South Dakota guardianship firms serving Codington County →

Forms for Planning and Settling an Estate in South Dakota

Free South Dakota forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for South Dakota.

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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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Free

Healthcare Power of Attorney

South Dakota allows a choice for a healthcare power of attorney: 2SDCL § 34-12D-3 (living will form; no statutory healthcare proxy form)Verified Oct 15, 2026View source witnesses or a notary.

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Free

Financial Power of Attorney

South Dakota requires explicit durability language for a power of attorney to survive incapacitySDCL § 59-12-3, § 59-12-4, § 59-12-5, § 59-12-6, § 59-12-8, § 59-12-23, § 59-12-41Verified Oct 21, 2026View source, and it is signed before a notarySDCL § 59-12-3, § 59-12-4, § 59-12-5, § 59-12-6, § 59-12-8, § 59-12-23, § 59-12-41Verified Sep 20, 2026View source.

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$12/month

Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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All South Dakota forms

Tools for Planning and Settling an Estate in South Dakota

Free calculators and checklists to plan or settle an estate in South Dakota: will and trust costs, probate, executor pay and taxes. Run each tool.

How Much Life Insurance Do I Need?

In South Dakota, four years at a public university cost about $69,440NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 11% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Inheritance tax constitutionally prohibited (S.D. Const. Art. XI, § 15, initiated measure approved Nov. 7, 2000, eff. July 1, 2001: "No tax may be levied on any inheritance, and the Legislature may not enact any law imposing such a tax."). Both the inheritance tax (SDCL ch. 10-40, ch. 10-41) and the estate tax (SDCL ch. 10-40A) were repealed outright by 2014 SL ch. 59 (HB 1057), signed February 12, 2014 — a true repeal, leaving no dormant levy. SD DOR: "South Dakota does not have an inheritance tax... There is also no estate tax."Verified Sep 15, 2026View source.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable 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 and a simple will $933Estimate: 3 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,866Estimate: 6 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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Who Inherits Without a Will?

Without a will in South Dakota, a surviving spouse takes the entire estateSDCL § 29A-2-102Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesSDCL § 29A-2-106; § 29A-2-709Verified Oct 21, 2026View source.

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All South Dakota tools