Solo general practice in Mitchell. Administers probate and trust estates, handles guardianships and conservatorships, and drafts wills, revocable and irrevocable living trusts, and durable and health care powers of attorney, alongside business, municipal, zoning, and real estate work. James D. Taylor started the firm in 1987.
Mitchell is in Davison County.
Probate in Davison County
Probate Court Record
Davison County Circuit Court
Davison County · 1st Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
200 East 4th Avenue, Mitchell, SD 57301
Website
E-filing
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 →
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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