For most Butte County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Butte County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Butte County home out of probate are a transfer-on-death deed recorded with the Register of Deeds, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Butte County property passes through the Circuit Court — even simple South Dakota probates run 4+ months and start with $122 in filing fees. South Dakota also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death deed names a beneficiary who receives Butte County property automatically at the owner's death, without probate. It is recorded with the Register of Deeds during the owner's lifetime and can be revoked at any time.
Before recording, a South Dakota transfer on death deed is signed with notary acknowledgmentSDCL 29A-6-401 to 29A-6-435Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathSDCL 29A-6-401 to 29A-6-435Verified Aug 24, 2026View source.
Deeds and other real property documents for Butte County are recorded with the Register of Deeds at 839 5th Ave, Belle Fourche, SD 57717. Phone: 605-892-2912.
The Register of Deeds charges $30 for the first 50 pages plus $2 for each page beyond 50. Recording a 2-page transfer on death deed in Butte County comes to $30. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Butte County
Address
Phone
Recording fees
| Base fee (first 50 pages) | $30 |
| Each page beyond 50 | $2 |
| Transfer tax on a TOD deed | Exempt |
SDCL 7-9-15 (recording fees); SDCL 7-9-7 (certificate of value; TOD deeds exempt under subd. (5)); SDCL 43-28-23 (document format standards); SDCL 43-4-21 (real estate transfer fee); SDCL 43-4-22 (transfer fee exemptions)
Verified July 14, 2026 · Source
FirmBelle Fourche, SD
Bennett, Main, Gubbrud & Willert has served Belle Fourche and the Northern Black Hills for over 100 years, providing estate planning, probate, wills, powers of attorney, real estate, agricultural law, and natural resources law.
PracticesEstate PlanningProbateElder LawPowers Of AttorneyWills
FirmSturgis, SD
Over 100 years of practice in Sturgis, serving Meade County and the surrounding Black Hills communities. Handles probate, wills and trusts, and estate planning alongside corporate planning and trial litigation.
PracticesEstate PlanningProbateBusiness Succession
FirmRapid City, SD
Serves Rapid City, Box Elder, and Pennington County from West Omaha Street. Handles probate and estate administration end to end — opening the estate, valuing property and business interests, transferring assets to heirs, paying debts, and filing final tax returns — plus will contests and trust litigation. The first consultation is free.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more
FirmRapid City, SD
Serves Rapid City and the western South Dakota ranch country. Handles trust and estate administration, probate, guardianships and conservatorships, and estate and fiduciary litigation, alongside elder law, Medicaid planning, and VA benefits. Ranch and family-business succession is a core part of the practice.
PracticesEstate PlanningProbateElder LawGuardianshipand 6 more
FirmRapid City, SD
Offices in Rapid City and Sioux Falls, covering both sides of the state. Handles formal and informal probate of estates, will contests, and trust administration, and forms South Dakota perpetuity and dynasty trusts — including change-of-situs work for families moving a trust into the state.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more
FirmRapid City, SD
Serves Rapid City and the Black Hills, with attorneys licensed in South Dakota, North Dakota, Nebraska, and Wyoming for estates that cross state lines. Handles estate administration and probate, wills and revocable and irrevocable trusts, powers of attorney, and estate litigation, plus farm, ranch, and business succession. Consultations are complimentary.
PracticesEstate PlanningTrust AdministrationProbateBusiness Successionand 2 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from South Dakota statutes and official state code. How we research.
Estate planning articles for South Dakota.
Forms and tools for property owners in Butte County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for South Dakota.
