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Hiring a Probate Attorney in South Dakota

Probate in South Dakota typically costs 2%–4% of the estate value in attorney feesSDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified May 27, 2026, plus court filing fees, executor compensation, publication costs, and any required surety bond. Attorney fees in South Dakota are negotiated, so the actual cost depends on the firm and complexity. Total all-in costs typically run 3-8% of estate value. The South Dakota probate calculator gives a detailed estimate based on estate value.

South Dakota allows "independent administration" (sometimes called unsupervised or informal probate), which lets the executor handle most estate decisions without ongoing court approval. The executor still files the will, inventories assets, and reports to the court, but doesn't need a hearing for routine actions like paying bills or selling assets. Independent administration typically saves both time and attorney fees compared to supervised probate.

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.

Probate Attorneys in South Dakota

Probate in South Dakota takes 4 monthsSDCL § 29A-3-719Verified May 27, 2026–6 monthsSDCL § 29A-3-719Verified May 27, 2026 for straightforward estates. South Dakota allows attorneys to charge "reasonable compensation" for probate work — typically billed by the hour. South Dakota allows independent administration, which lets executors run the estate without ongoing court supervision.

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
  • 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

Probate 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.

48 firms

Anker Law Group, P.C.

Firm

Anker Law Group handles all aspects of probate and estate administration for families in western South Dakota. The firm guides clients through estate valuation, asset transfers, debt payments, tax filings, and estate closing in accordance with the law.

Location

1301 West Omaha Street, Suite 207Rapid City, SD 57701

Phone

(605) 519-5967

Established

1984

Estate PlanningProbateTrust AdministrationWillsTrustsProbate Litigation
Free consultationVisit site →

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 →

Bangs McCullen Law Firm, LLP

Firm

Bangs McCullen Law Firm handles probate of estates (formal and informal), will contests, dynasty trust formation, and comprehensive estate planning services with offices in Rapid City and Sioux Falls.

Location

333 West Boulevard, Suite 400Rapid City, SD 57701

Phone

(605) 343-1040

Estate PlanningProbateTrust AdministrationProbate LitigationWillsTax PlanningBusiness Succession
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Bantz, Gosch & Cremer, L.L.C.

Firm

Bantz, Gosch & Cremer is a multi-attorney firm in Aberdeen with attorneys actively handling estate planning, probate, guardianships, and conservatorships. The firm also provides banking law, corporate formation, personal injury, and criminal defense services.

Location

305 6th Avenue SEAberdeen, SD 57401

Phone

(605) 225-2232

Estate PlanningProbateTrust AdministrationWillsTrustsBusiness SuccessionElder LawGuardianshipConservatorship
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Beardsley, Jensen & Lee, PLLC

Firm

Beardsley, Jensen & Lee is a full-service law firm established in 1997 with over 100 years of collective legal experience. Their Rapid City estate planning attorneys assist with comprehensive estate plans, estate administration, and succession planning for businesses, farms, and ranches. Licensed in SD, ND, NE, and WY.

Location

4200 Beach Drive, Suite 3Rapid City, SD 57702

Phone

(605) 777-7466

Established

1997

Estate PlanningProbateTrust AdministrationBusiness SuccessionWillsTrusts
Free consultationVisit site →

Bennett, Main, Gubbrud & Willert, P.C.

Firm

Bennett, Main, Gubbrud & Willert has served Belle Fourche and the Northern Black Hills for over 100 years, providing estate planning, probate, wills, powers of attorney, real estate, agricultural law, and natural resources law.

Location

618 State StreetBelle Fourche, SD 57717

Phone

(605) 892-2011

Service Area

5 counties

Estate PlanningProbateWillsPowers Of AttorneyElder Law
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Boos & Grajczyk, L.L.P.

Firm

Boos & Grajczyk is a general practice firm in Milbank serving Grant County and northeastern South Dakota. The firm handles estate planning, wills, trusts, probate, real estate, business law, and family law with four attorneys and over 40 years of experience.

Location

301 South Main StreetMilbank, SD 57252

Phone

(605) 432-6868

Service Area

4 counties

Estate PlanningProbateWillsTrustsBusiness Succession

Boyce Law Firm, L.L.P.

Firm

Boyce Law Firm is South Dakota's oldest law firm with over 145 years of continuous service. Their estate planning attorneys provide comprehensive will writing, trust creation and administration, probate, guardianship, elder law, special needs planning, and contested estate matters.

Location

300 S. Main AvenueSioux Falls, SD 57104

Phone

(605) 336-2424

Established

1878

Estate PlanningProbateTrust AdministrationGuardianshipConservatorshipElder LawSpecial Needs PlanningCharitable PlanningProbate Litigation
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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 →

Christopher Jansen Law Office

Solo Practice

Christopher Jansen Law Office in Mobridge provides estate planning, estate administration, health care directives, trusts, wills, guardianship, and conservatorship services for families in the north-central South Dakota region. Attorney Jansen has 20 years of experience and is a graduate of USD School of Law.

Location

415 14th Avenue EastMobridge, SD 57601

Phone

(605) 670-0701

Service Area

5 counties

Estate PlanningProbateTrustsWillsGuardianshipConservatorship
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