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.
Probate in Minnehaha County
Probate Court Record
Minnehaha County Circuit Court
Minnehaha County · 2nd Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
425 North Dakota Avenue, Sioux Falls, SD 57104
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
How to file probate in Minnehaha County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Minnehaha County? →Settling an estate in Minnehaha County →
Trust Administration Firms Serving Minnehaha County
Serves clients from offices in Watertown, Milbank, and Arlington. Handles probate and simpler alternatives to it, successor-trustee trust administration, ancillary probates of out-of-state estates, and guardianships and conservatorships, alongside wills, powers of attorney, and trusts. Bills estate work by the time spent on the file, not a percentage of assets.
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.
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.
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.
Six attorneys practicing from Yankton and Hartington, Nebraska. Handles probate of estates from a few thousand dollars to several million, trust administration for family-member trustees, and estate and trust litigation for trustees, executors, and beneficiaries, plus guardianships and conservatorships. Its attorneys are licensed in South Dakota and Nebraska.
All 18 South Dakota trust administration firms serving Minnehaha 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.
$12/month
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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Free
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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