Offices in Rapid City and Sioux Falls. Handles formal and informal probate of estates and will contests. On the planning side the firm drafts wills, powers of attorney and South Dakota perpetuity trusts, including generation-skipping transfer tax planning, private trust company formation and trust change-of-situs work.
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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Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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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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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 Does Probate Cost?
Probate on a $500,000 estate in South Dakota costs an estimated $23,735SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source. Attorney fees run 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 under a reasonable-compensation standard.
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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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What Are the Creditor Claim Deadlines?
In South Dakota, creditors have 4 monthsSDCL § 29A-3-801Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
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How Do I Settle an Estate?
Settling an estate in South Dakota: the personal representative files the estate inventory within 180 daysSDCL 29A-3-706Verified Sep 15, 2026View source of appointment; creditors have 4 monthsSDCL §§ 29A-3-801, 29A-3-803, 29A-3-805Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
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How Much Can an Executor Charge?
South Dakota sets executor compensation by statute — about $12,585 on a $500,000 estate, roughly 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 Sep 8, 2026View source.
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