Probate in Brown County

Probate Court Record

Brown County Circuit Court

Brown County · 5th Judicial Circuit

Hours

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

Office

101 Southeast 1st Avenue, Aberdeen, SD 57402-1087

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

How to file probate in Brown County →

Verified October 16, 2026 · Source

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

Probate Firms Serving Brown County

Serves clients from offices in Watertown, Milbank, and Arlington. Handles probate and simpler alternatives to it, successor-trustee trust administration, ancillary probates of out-of-state estates, and guardianships and conservatorships, alongside wills, powers of attorney, and trusts. Bills estate work by the time spent on the file, not a percentage of assets.

Since 1910Estate PlanningTrust AdministrationProbateConservatorshipGuardianship+3

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 Watertown and northeast South Dakota from an office on South Broadway. Handles administration of trusts and estates, probate matters, wills and trusts, guardianships, and farm family succession planning. Partner Nancy Oviatt, at the firm since 1988, concentrates on estate planning and trust and estate administration.

Since 1916Estate PlanningTrust AdministrationProbateGuardianshipTrustsWills

Serves eastern South Dakota from offices in Brookings and Watertown. Handles uncontested probate of a will, intestate administration, trust administration for successor trustees of revocable living trusts, business interests in probate, and estate administration for personal representatives who live outside South Dakota. The Brookings practice traces back more than 100 years.

Estate PlanningTrust AdministrationProbateConservatorshipGuardianship+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

All 15 South Dakota probate firms serving Brown 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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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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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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Do I Need Probate?

In South Dakota, estates valued at $100,000SDCL § 29A-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitSDCL § 29A-3-1201Verified Sep 8, 2026View source, 30 daysSDCL § 29A-3-1201Verified Sep 8, 2026View source after death.

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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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Can I Self-File Probate?

South Dakota has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableSDCL § 29A-3-301Verified Sep 8, 2026View source.

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