Probate in Davison County

Probate Court Record

Davison County Circuit Court

Davison County · 1st Judicial Circuit

Hours

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

Office

200 East 4th Avenue, Mitchell, SD 57301

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

How to file probate in Davison County →

Verified October 16, 2026 · Source

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

Probate Firms Serving Davison County

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.

Estate PlanningProbateProbate LitigationTax PlanningBusiness SuccessionWills

Serves Sioux Falls and clients throughout South Dakota from its office on East 8th Street. Guides executors and trustees through probate and trust administration, from settling debts and estate taxes to transferring assets, and handles wills, trusts, and guardianships. Founded in 1894 and kept small by design, so clients work directly with their attorney; initial consultations are free.

Since 1894Free consultationEstate PlanningTrust AdministrationProbateConservatorshipGuardianship+3

Practices from Sioux Falls. Takes probate from appointment of the personal representative to closing the estate, assists trustees with trust administration and trustee removal or appointment, and handles guardianships, conservatorships, trust and estate litigation and will contests. Its attorneys are licensed in six states, from South Dakota to Kansas.

Estate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+6

Serves Sioux Falls and clients in South Dakota, Iowa, and Minnesota from its West 14th Street office. Handles probate and trust administration, from filing trustees' annual reports to modifying, reforming, and decanting trusts under South Dakota law, along with wills, powers of attorney, and elder law. Attorneys licensed in Iowa handle Iowa probate, billed by time rather than estate value.

Since 1939Estate PlanningTrust AdministrationProbateTrust LitigationElder Law+2

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

All 26 South Dakota probate firms serving Davison 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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