Probate in Codington County

Probate Court Record

Codington County Circuit Court

Codington County · 3rd Judicial Circuit

Hours

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

Office

14 1st Avenue Southeast, Watertown, SD 57201

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

How to file probate in Codington County →

Verified October 16, 2026 · Source

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

Trust Administration Firms Serving Codington County

Serves Aberdeen from its office on 5th Avenue SW. Handles probate and estate settlement, trust formation and administration, and wills, alongside estate planning that takes taxation and business succession into account. Robert M. Ronayne is Board Certified as a Specialist in Estate Planning Law, an Accredited Estate Planner, and is also licensed in North Dakota and Minnesota.

Estate PlanningTrust AdministrationProbateBusiness SuccessionTrustsWills

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

Serves clients across South Dakota from its office in Huron. Attorney Aaron Pilcher handles formal and informal probate, trust administration, small estate affidavits, and guardianships, and litigates trust, probate, and fiduciary disputes. Also serves businesses as outside general counsel and registered agent.

Solo PracticeServes the whole stateTrust AdministrationProbateProbate LitigationTrust LitigationGuardianship

Serves families, farmers and ranchers throughout South Dakota from Sioux Falls, with a second office in Grand Forks, North Dakota since a July 2026 merger. Takes executors and trustees through probate and trust administration, from notices to heirs and creditors to tax returns and retitling deeds. Also drafts living trusts, wills and Medicaid plans, licensed in five states.

Since 2003Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawSpecial Needs Planning+7

Serves Lawrence, Meade, Butte and Pennington counties and the rest of South Dakota from Spearfish, and takes probate matters in North Dakota and Wyoming. Handles testate and intestate probate, estate and trust administration, contested wills and trust disputes, and guardianship and conservatorship petitions, including for out-of-state families. Attorney Dylan Wilde is also a licensed CPA.

Solo PracticeServes the whole stateEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+6

All 8 South Dakota trust administration firms serving Codington 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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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 to plan or settle an estate in South Dakota: will and trust costs, probate, executor pay and taxes. Run each tool.

How Do I Settle a Trust?

Settling a trust in South Dakota happens outside court: the trustee acts under the state's trust statuteSDCL § 55-1-1 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysSDCL 55-2-13Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

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What's Fair Trustee Compensation?

In South Dakota, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)SDCL § 55-3-14Verified Sep 18, 2026View source unless the trust instrument sets a different amount.

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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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Do I Have to File Tax Returns for Someone Who Died?

South Dakota has no state income tax, so only the federal final Form 1040 is due for the decedentNo enabling statute (SDCL Title 10 contains no individual income tax chapter); S.D. Const. Art. XI, §§ 2, 13, 14; SD DOR, dor.sd.gov/individuals/taxes/Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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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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