Serves Day and Roberts counties from offices in Webster and Sisseton. Guides personal representatives through probate administration and drafts wills, trusts, and estate plans. Founded in Webster in 1908, with attorneys licensed in the Sisseton-Wahpeton Sioux Tribal Court as well as state and federal courts.
What to Do When Someone Dies in Day County, South Dakota
How probate works in Day County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Day County Circuit Court
Day County · 5th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM
Office
711 West 1st Street, Suite 201, Webster, SD 57274
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
E-filing
Required for attorneysAttorneys have filed electronically in every civil case type, probate included, since July 1, 2014 (SDCL 16-21A-2). A self-represented filer may file electronically but is not required to; the attorney system, eFile & Serve, is not open to self-represented filers. The UJS Guide and File interviews for self-represented filers cover guardian and conservator inventories, reports and accountings, and no estate filing. On paper: Original wills deposited for safekeeping under SDCL 29A-2-515 are not accepted for e-filing; Trial and hearing exhibits, sealed documents, and oversized documents (SDCL 16-21A-2(4)); Self-represented filers may file on paper instead (SDCL 16-21A-2(2)).
Filing in person
Walk-ins acceptedPaper filings are accepted at the clerk of court counter during office hours.
Self-represented filing
AllowedAn application for informal probate or appointment is made to the clerk of court (SDCL 29A-3-301). A self-represented applicant files it on paper at the counter or by mail, since the attorney e-filing system is not open to self-represented filers. The UJS self-help forms include guardianship but no estate filing.
Self-help center
- Self-help service1-855-784-0004 · ujssrlhelp@ujs.state.sd.usThe UJS Legal Form Help Line answers questions about the UJS self-help forms and Guide and File by phone, email or an online question form. It gives no legal advice, and the UJS forms include guardianship but no estate filing.
Fax
1-605-345-3818
Verified October 16, 2026 · Source
How Probate Works in Day County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Day County, probate runs through the Circuit Court at 711 West 1st Street, Suite 201, Webster. The court sits in the 5th Judicial Circuit.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under South Dakota intestacy law when there is no will.
Most South Dakota estates take 6 months to 12 months to move through this process. Creditors have 4 monthsSDCL §§ 29A-3-801, 29A-3-803, 29A-3-805Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Day County
What probate costs in Day County, South Dakota comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at 711 West 1st Street, Suite 201, Webster. The court is part of the 5th Judicial Circuit.
South Dakota charges $122SDCL § 16-2-29(1); SDCL § 16-2-39; SDCL § 14-6-1Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in South Dakota are negotiated, typically 1.8%Modeled estimate under SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
South Dakota sets executor compensation by statute — about $12,585 on a $500,000 estate, roughly 2.5%SDCL § 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. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Probate in South Dakota typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court
Probate cases in Day County, South Dakota are filed at the Circuit Court. The court sits in the 5th Judicial Circuit.
The UJS Legal Form Help Line answers questions about the UJS self-help forms and Guide and File by phone, email or an online question form. It gives no legal advice, and the UJS forms include guardianship but no estate filing.
Can You File Without an Attorney?
South Dakota has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableSDCL § 29A-3-301Verified Sep 8, 2026View source.
For a full cost comparison and filing checklist, see the Day County Self-Filing Assessment.
What to Bring
Filed with the opening petition at the Circuit Court: Verified application (informal) or petition (formal) stating the contents required by SDCL 29A-3-301 / 29A-3-402 (decedent, applicant interest, heirs/devisees, venue, will status); Original will and any codicils, if testate — the custodian must "deliver it with reasonable promptness to an appropriate court or to a person able to secure its probate" (SDCL 29A-2-516), and the application must state that the original is in the court's possession or accompanies it (SDCL 29A-3-301(a)(2)(i)); Certified copy of the death certificate (standard filing requirement)SDCL ch. 29A-3 (UPC Article III); §§ 29A-3-301 to 29A-3-311 (informal application & appointment); §§ 29A-3-401, 29A-3-402, 29A-3-414 (formal testacy/appointment)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Day County
In South Dakota a death is registered locally, and in Day County certified copies of the death certificate are issued by Register of Deeds, Day County as well as by South Dakota Department of Health - Vital Records.
Vital Records Office Record
Register of Deeds
Day County · Register of Deeds
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
711 West 1st Street, Suite 202, Webster, SD 57274
Website
Fax
1-605-345-9507
Burial and cremation permits
- Issued byRegister of Deeds, Day County
Certified copy fees
| First certified copy | $15 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Day County · Day County Coroner
Phone
Verified November 2, 2026 · Source
Transferring Property in Day County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.
Deeds and other real property documents for Day County are recorded with the Register of Deeds at 711 West 1st Street, Suite 202, Webster, SD 57274. Phone: 1-605-345-9506. Hours: Monday-Friday 8:00 AM-5:00 PM.
The Register of Deeds charges $30 for the first 50 pages plus $2 for each page beyond 50.
Recording Office Record
Register of Deeds
Day County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
711 West 1st Street, Suite 202, Webster, SD 57274
Website
Fax
1-605-345-9507
Recording fees
| Base fee (first 50 pages) | $30 |
| Each page beyond 50 | $2 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
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 October 17, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Day County
South Dakota allows informal probate, so many families settle straightforward estates in Day County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in South Dakota are based on reasonable compensation, billed hourly or as a flat fee. Ask a Day County firm to quote a structure up front.
A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Eleven-attorney firm serving clients in South Dakota and North Dakota from its Aberdeen office in Brown County. Handles probate of estates, guardianships and conservatorships, and wills and trusts, alongside banking, business, family, personal injury, and criminal defense work.
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 the Huron area from its office on Illinois Avenue SW in Huron. Handles testate and intestate probates, from appointing a personal representative through creditor claims and distribution to heirs, plus guardianships, conservatorships, and protecting vulnerable adults from financial exploitation. Also drafts trusts, wills, and powers of attorney, including farm estate planning.
Serves Aberdeen and northeastern South Dakota from one office. Handles probate, wills, living wills and health directives, durable powers of attorney, revocable, irrevocable and special-needs trusts, and guardianships and conservatorships. Plans for farm and ranch families whose land values have changed.
Serves Watertown and northeast South Dakota from an office on South Broadway. Handles administration of trusts and estates, probate matters, wills and trusts, guardianships, and farm family succession planning. Partner Nancy Oviatt, at the firm since 1988, concentrates on estate planning and trust and estate administration.
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.
Legal Sources
(9)·
- SDCL § 16-2-29(1); SDCL § 16-2-39; SDCL § 14-6-1
- SDCL § 29A-3-301
- SDCL § 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)
- SDCL §§ 29A-3-801, 29A-3-803, 29A-3-805
- SDCL ch. 29A-3 (UPC Article III); §§ 29A-3-301 to 29A-3-311 (informal application & appointment); §§ 29A-3-401, 29A-3-402, 29A-3-414 (formal testacy/appointment)
- 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)
- Day County Circuit Court, official page
- Day County Register of Deeds, official page
- Day County vital records and death investigation offices, official page
Data sourced from South Dakota statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in South Dakota
Free tools for settling an estate in South Dakota: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
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.
See the Steps
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.
See the Steps
Can I Self-File Probate?
South Dakota has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableSDCL § 29A-3-301Verified Sep 8, 2026View source.
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