Probate in Kingsbury County

Probate Court Record

Kingsbury County Circuit Court

Kingsbury County · 3rd Judicial Circuit

Hours

Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM

Office

202 2nd Street Southeast, De Smet, SD 57231

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

How to file probate in Kingsbury County →

Verified October 16, 2026 · Source

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

Trust Administration Firms Serving Kingsbury County

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

Serves South Dakota clients from a Sioux Falls office, and clients elsewhere virtually. Guides personal representatives and beneficiaries through probate, estate and trust administration, and handles wills, trusts, Medicaid and special-needs planning, asset protection, and business succession. Attorney Lindsay M. Harris works with a probate and trust administration coordinator.

Solo PracticeVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawTax Planning+5

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

All 18 South Dakota trust administration firms serving Kingsbury 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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