Estate planning attorneys in South Dakota average $311Clio Compare Lawyer Rates, South Dakota: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work. A flat-fee package runs $933Estimate: 3 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,866Estimate: 6 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a simple individual will and $3,580Estimate: 10 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,370Estimate: 15 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a basic revocable trust. An online service prices the same documents in the tens to low hundreds of dollars; the South Dakota will cost calculator sets the two side by side.

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. That route is a form rather than a court case, and most families handle it without an attorney. Above the line, formal probate generally benefits from counsel for the procedural work, even when nothing is contested. The South Dakota probate calculator estimates the cost by estate value.

In South Dakota, the situations where counsel is typically worth the cost are: a blended family with children from a prior relationship; a business, rental property or significant investment assets; a dependent with special needs, who needs a special-needs trust to keep benefits; substantial property in more than one state. Where none of these apply, an online or self-help document is often enough.

South Dakota splits the two: probate attorney fees of typically 1.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source to 2.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source of the estate, but the executor's compensation follows a statutory scheduleSDCL § 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, about $12,585SDCL § 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 on a $500,000 estate. That makes the executor's share predictable, which helps when a family member serves and is unsure what to charge.

Filter the directory by county and by the practice area you need, and look for experience with your situation; a board certification in estate planning, trust or probate law is a strong signal. Most South Dakota estate planning attorneys offer an initial consultation, some free and some for a flat fee. Ask up front whether the firm bills by the hour or by package, and what your situation is expected to cost.

Forms for Planning and Settling an Estate in South Dakota

Free South Dakota forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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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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Pour-Over Will

In South Dakota, a pour-over will is signed before 2SDCL 29A-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning and Settling an Estate in South Dakota

Free calculators and checklists for planning or settling an estate in South Dakota: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Are Estate & Inheritance Taxes?

South Dakota levies no estate or inheritance taxNo state estate or inheritance tax. Inheritance tax constitutionally prohibited (S.D. Const. Art. XI, § 15, initiated measure approved Nov. 7, 2000, eff. July 1, 2001: "No tax may be levied on any inheritance, and the Legislature may not enact any law imposing such a tax."). Both the inheritance tax (SDCL ch. 10-40, ch. 10-41) and the estate tax (SDCL ch. 10-40A) were repealed outright by 2014 SL ch. 59 (HB 1057), signed February 12, 2014 — a true repeal, leaving no dormant levy. SD DOR: "South Dakota does not have an inheritance tax... There is also no estate tax."Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

South Dakota imposes no inheritance or estate taxNo state estate or inheritance tax. Inheritance tax constitutionally prohibited (S.D. Const. Art. XI, § 15, initiated measure approved Nov. 7, 2000, eff. July 1, 2001: "No tax may be levied on any inheritance, and the Legislature may not enact any law imposing such a tax."). Both the inheritance tax (SDCL ch. 10-40, ch. 10-41) and the estate tax (SDCL ch. 10-40A) were repealed outright by 2014 SL ch. 59 (HB 1057), signed February 12, 2014 — a true repeal, leaving no dormant levy. SD DOR: "South Dakota does not have an inheritance tax... There is also no estate tax."Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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How Does Step-Up in Basis Work?

Inherited assets in South Dakota take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxSDCL Title 10 (Taxation) — chapter list contains no individual income tax chapter (ch. 10-43 "Income Tax On Banks And Financial Corporations" is the only income tax; chs. 10-40/10-40A/10-41 inheritance and estate tax are repealed)Verified Sep 15, 2026View source.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in South Dakota runs $3,580Estimate: 10 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,370Estimate: 15 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $933Estimate: 3 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,866Estimate: 6 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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