What to Do When Someone Dies in Moody County, South Dakota
Probate in Moody County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Moody County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Circuit Court
Moody County · 3rd Judicial Circuit
Address
101 East Pipestone AvenueFlandreau, SD 57028
Phone
Hours
8:00 a.m. to noon & 1:00 p.m. to 5:00 p.m., Monday through Friday
Paper filing availableE-filing required for attorneys
Mailing: PO Box 226, Flandreau, SD 57028-0226
Verified June 2, 2026 · Source
How Probate Works in Moody 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 Moody County, probate runs through the Circuit Court at 101 East Pipestone Avenue, Flandreau. The court sits in the 3rd 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 monthsSDCL § 29A-3-719Verified Jun 11, 2026 to 12 monthsSDCL § 29A-3-719Verified Jun 11, 2026 to move through this process. The 4 monthsSDCL § 29A-3-801Verified Jun 11, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Moody County
What probate costs in Moody 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 101 East Pipestone Avenue, Flandreau. The court is part of the 3rd Judicial Circuit.
South Dakota charges $122SDCL § 16-2-29(1); SDCL § 16-2-39Verified Jun 11, 2026 to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Circuit Court (https://southdakota.tylertech.cloud/OfsWeb). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in South Dakota are negotiated, typically 2%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Jun 11, 2026 to 4%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Jun 11, 2026 of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in South Dakota, typically 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 Jun 11, 2026 to 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 Jun 11, 2026 of estate value. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
South Dakota requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
Probate in South Dakota typically runs 6 monthsSDCL § 29A-3-719Verified Jun 11, 2026 to 12 monthsSDCL § 29A-3-719Verified Jun 11, 2026, and costs accrue throughout. The 4 monthsSDCL § 29A-3-801Verified Jun 11, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Circuit Court
If you're handling probate yourself in Moody County, South Dakota, you can file at the Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 3rd Judicial Circuit.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Moody County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
For a full cost comparison and filing checklist, see the Moody County Self-Filing Assessment.
What to Bring
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Moody County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Register of Deeds.
Recording Office Record
Register of Deeds
Moody County
Address
101 E Pipestone Ave, Ste CFlandreau, SD 57028
Phone
E-recording
Available via SimplifileE-recording info →
Recording fees
| Base recording fee | $30 |
| Per additional page | $2 |
First fifty pages $30.00, each additional page beyond fifty $2.00. Easements (specific entities): $20 for first three pages, $2 per additional page. Non-standard documents (not 8.5 x 11 or 8.5 x 14, illegible, etc.) may still be recorded but could incur additional handling.
SDCL 7-9-15 (recording fees); SDCL 7-9-7.2 (document format requirements); SDCL 43-4-21 (real estate transfer fee); SDCL 43-4-22 (transfer fee exemptions)
Transfer tax
$0.50 per $500 of consideration (or fraction thereof), equivalent to $1.00 per $1,000 (SDCL 43-4-21). Paid by the grantor/seller.. Transfer-on-death deeds are generally exempt (No consideration is exchanged at the time of recording a TOD deed. The transfer fee under SDCL 43-4-21 applies only when consideration is given. TOD deeds do not effectuate a transfer until the owner's death (SDCL 43-4-37).). Additional exemptions under SDCL 43-4-22 include transfers between spouses, gifts, government transfers, tax deeds, court-ordered transfers, and corrections of prior conveyances.
Verified March 22, 2026 · Source
Probate Attorneys Serving Moody County
South Dakota allows informal probate, so many families settle straightforward estates in Moody 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 — typically 2%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Jun 11, 2026 to 4%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Jun 11, 2026 of the estate's value, billed hourly or as a flat fee. Ask a Moody 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.
Sioux Falls Metro / Southeast Firms
Boyce Law Firm, L.L.P.
FirmBoyce Law Firm is South Dakota's oldest law firm with over 145 years of continuous service. Their estate planning attorneys provide comprehensive will writing, trust creation and administration, probate, guardianship, elder law, special needs planning, and contested estate matters.
Location
300 S. Main AvenueSioux Falls, SD 57104
Phone
(605) 336-2424
Established
1878
Estate PlanningProbateTrust AdministrationGuardianshipConservatorshipElder LawSpecial Needs PlanningCharitable PlanningProbate Litigation
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Christopherson, Anderson, Paulson & Fideler, LLP
FirmChristopherson, Anderson, Paulson & Fideler has been serving South Dakota since 1894 with over 130 years of legal practice. The firm handles estate planning, probate, trust creation and updates, asset preservation, wills, real estate, and business organization. An intentionally small firm where clients work directly with their attorney.
Location
426 East 8th StreetSioux Falls, SD 57103
Phone
(605) 679-6745
Established
1894
Estate PlanningProbateTrustsWillsAsset ProtectionBusiness Succession
Free consultationVisit site
Davenport, Evans, Hurwitz & Smith, LLP
FirmDavenport Evans estate planning, probate and trust administration attorneys are considered among the most prestigious and trusted teams in the region. The firm offers the most comprehensive trust company and trust administration practice of any law firm in the region, including wills, powers of attorney, South Dakota trusts, trust modification, decanting, and reformation. SDTA members.
Location
206 West 14th StreetSioux Falls, SD 57104
Phone
(605) 336-2880
Established
1939
Estate PlanningProbateTrust AdministrationTax PlanningCharitable PlanningBusiness Succession
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Denevan Falon Law Firm, Prof. LLC
FirmDenevan Falon Law Firm focuses on trust and estate litigation, trust administration and planning, trust decanting and modification, guardianships, conservatorships, and vulnerable adult protection. The firm has 45 combined years of experience and specializes in high net worth and ultra-high net worth estate matters with South Dakota dynasty trust structures.
Location
122 South Phillips Avenue, Suite 250Sioux Falls, SD 57104
Phone
(605) 800-8897
Established
2022
Trust AdministrationProbate LitigationEstate PlanningGuardianshipConservatorshipAsset Protection
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Estate Planning Solutions Law Firm, Prof. LLC
FirmEstate Planning Solutions Law Firm in Sioux Falls focuses on estate planning, farming and business succession planning, probate and trust administration, asset protection, charitable planning, and special needs planning.
Location
5027 S Bur Oak PlaceSioux Falls, SD 57108
Phone
(605) 906-8118
Estate PlanningProbateTrust AdministrationBusiness SuccessionAsset ProtectionCharitable PlanningSpecial Needs Planning
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Harris Law & Co.
FirmHarris Law & Co. focuses exclusively on estate planning and related areas, handling wills, trusts, durable powers of attorney, healthcare documents, elder law, Medicaid planning, probate, business succession planning, asset protection, charitable planning, and special needs estate planning.
Location
601 E Tan Tara CircleSioux Falls, SD 57108
Phone
(605) 777-1772
Estate PlanningElder LawProbateTrust AdministrationAsset ProtectionCharitable PlanningSpecial Needs PlanningMedicaid PlanningBusiness SuccessionTax Planning
Free consultationVisit site
Helsper, McCarty & Rasmussen, P.C.
FirmHelsper, McCarty & Rasmussen serves Brookings and Watertown with eight attorneys handling estate planning, probate and trust administration, real estate, and business law.
Location
1441 6th Street, Suite 200Brookings, SD 57006
Phone
(605) 692-7775
Estate PlanningProbateTrust AdministrationWillsTrustsBusiness Succession
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Horn Law Office, Prof. LLC
FirmHorn Law Office in Yankton provides estate planning services including wills and powers of attorney. Attorney Garrett Horn has over 20 years of experience with 2,000+ completed cases and 19 state and local recognitions.
Location
401 Capitol StreetYankton, SD 57078
Phone
(605) 260-1300
Estate PlanningProbateWillsPowers Of Attorney
Free consultationVisit site
James D. Taylor, P.C.
Solo PracticeJames D. Taylor, P.C. in Mitchell focuses almost exclusively on estate planning and probate, handling wills, revocable and irrevocable living trusts, durable and health care powers of attorney, guardianships, conservatorships, and probate and trust estate administration.
Location
520 North Lawler Street, Suite 100Mitchell, SD 57301
Phone
(605) 996-3882
Estate PlanningProbateTrust AdministrationWillsTrustsGuardianshipConservatorshipPowers Of Attorney
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Kennedy, Pier, Loftus, Reynolds & Brandt, LLP
FirmKennedy, Pier, Loftus, Reynolds & Brandt is a full-service Yankton firm with dedicated estate planning, probate, trust administration, and estate/trust litigation practice. Six attorneys with nearly 50 years of firm history, also serving Nebraska and Iowa from their Hartington office.
Location
322 Walnut StreetYankton, SD 57078
Phone
(605) 665-3000
Established
1977
Estate PlanningProbateTrust AdministrationProbate LitigationElder Law
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LaCroix Law Office
Solo PracticeLaCroix Law Office in Yankton provides estate planning, probate, trusts, wills, and elder law services. Attorney Heather LaCroix is licensed in both South Dakota and Nebraska, serving cross-border clients near the SD/NE border.
Location
806 Belfast Street, PO Box 632Yankton, SD 57078
Phone
(605) 665-2535
Established
2010
Estate PlanningProbateTrustsWillsElder Law
Law Office of Linda Kogel
Solo PracticeThe Law Office of Linda Kogel in Vermillion provides estate planning, wills, trusts, and probate services for families in Clay County and southeastern South Dakota. Attorney Kogel has over 44 years of legal experience.
Location
119 East Main StreetVermillion, SD 57069
Phone
(605) 624-2667
Estate PlanningProbateWillsTrusts
Legacy Law Firm, P.C.
FirmLegacy Law Firm offers legal services in estate planning, asset protection, elder law and trusts to individuals and businesses throughout the Midwest. The firm has South Dakota's only Board Certified Elder Law Attorney certified by the National Elder Law Foundation. Serves SD, IA, MN, NE, and ND. 40% discount for first responders and active military.
Location
7404 S. Bitterroot PlaceSioux Falls, SD 57108
Phone
(605) 275-5665
Estate PlanningElder LawAsset ProtectionTrustsMedicaid PlanningSpecial Needs PlanningTax PlanningBusiness SuccessionProbateTrust Administration
Free consultationVisit site
PlanWise Legal, LLP
FirmPlanWise Legal provides estate planning, elder law, business planning, farm and ranch succession planning, real estate, and high net worth planning services in Sioux Falls and throughout South Dakota.
Location
817 W. Russell Street, Suite 103Sioux Falls, SD 57104
Phone
(605) 291-1448
Estate PlanningElder LawBusiness SuccessionTrustsWills
Free consultationVisit site
Prosperity Law Firm, PLLC
FirmProsperity Law Firm in Sioux Falls handles estate planning, probate and estate administration, trust and estate litigation, wills, elder law, conservatorships, and special needs planning. Licensed in South Dakota and Minnesota.
Location
3220 W 57th Street, Suite 110Sioux Falls, SD 57108
Phone
(605) 401-6257
Estate PlanningProbateTrust AdministrationProbate LitigationElder LawConservatorshipSpecial Needs Planning
Free consultationVisit site
Redstone Law Firm LLP
FirmRedstone Law Firm LLP provides trusted legal services in estate planning, trust and estate administration, wealth management, asset protection, business law, and civil litigation. The firm has over 80 years of collective practice experience with offices in Sioux Falls and Pierre.
Location
1300 W 57th Street, Suite 101Sioux Falls, SD 57108
Phone
(605) 331-2975
Estate PlanningProbateTrust AdministrationBusiness SuccessionAsset Protection
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Ribstein & Hogan Law Firm
FirmRibstein & Hogan Law Firm provides comprehensive estate planning throughout eastern South Dakota including will and trust preparation, estate tax minimization, business succession planning, and probate administration. The firm emphasizes listening to client goals before designing customized plans.
Location
621 Sixth StreetBrookings, SD 57006
Phone
(605) 692-1818
Established
2014
Estate PlanningProbateElder LawGuardianshipConservatorshipTax PlanningBusiness Succession
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Wilson Legal Planning
Solo PracticeWilson Legal Planning focuses on estate planning, elder law, probate, trust administration, guardianships, conservatorships, asset protection, Medicaid planning, and special needs trusts. Attorney Rebecca Wilson brings 18 years of experience and a background from Yale University and University of Minnesota Law School.
Location
5117 S Crossing Place, Suite 3Sioux Falls, SD 57108
Phone
(605) 215-1467
Estate PlanningElder LawProbateTrust AdministrationGuardianshipConservatorshipAsset ProtectionMedicaid PlanningSpecial Needs Planning
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Woods, Fuller, Shultz & Smith P.C.
FirmWoods, Fuller, Shultz & Smith is one of the region's largest and most experienced legal teams. Their nationally recognized estate planning attorneys are dedicated to helping individuals, families, and businesses secure their financial future with expertly crafted wills, trusts, and business succession plans. Also serves Iowa and Minnesota.
Location
300 S Phillips Avenue, Suite 300Sioux Falls, SD 57104
Phone
(605) 336-3890
Established
1887
Estate PlanningTrust AdministrationProbateBusiness SuccessionTax PlanningAsset ProtectionCharitable Planning
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Statewide Practices
Lynn, Jackson, Shultz & Lebrun, P.C.
FirmLynn Jackson estate planning and probate lawyers work with individuals and their families and financial advisors to develop individually-tailored solutions to address wealth transfer and preservation challenges. They draft wills, trusts, powers of attorney, asset protection plans, and business succession plans.
Location
110 N. Minnesota Avenue, Suite 400Sioux Falls, SD 57104
Phone
(605) 332-5999
Established
1946
Service Area
Statewide
Estate PlanningProbateTrust AdministrationAsset ProtectionBusiness SuccessionWillsGuardianshipConservatorship
Visit site
Thompson Law, PLLC
FirmThompson Law helps families and farmers preserve their wealth and legacy through living trusts, wills, powers of attorney, irrevocable trusts, family limited partnerships, and charitable gifting strategies. The firm specializes in estate planning for family businesses and farms. Licensed in Iowa, Minnesota, Nebraska, and South Dakota.
Location
5027 S. Western AvenueSioux Falls, SD 57108
Phone
(605) 362-9100
Established
2004
Service Area
Statewide
Estate PlanningTrustsWillsPowers Of AttorneyBusiness SuccessionCharitable PlanningElder LawMedicaid PlanningSpecial Needs PlanningProbateTrust Administration
Visit site
Wilde Law Offices, Prof. LLC
FirmWilde Law Offices provides a full range of estate planning and probate services for people throughout South Dakota, North Dakota, and Wyoming. Attorney Dylan Wilde is both a licensed attorney and CPA, providing enhanced expertise for clients with complex financial and tax situations.
Location
210 West Grant StreetSpearfish, SD 57783
Phone
(605) 717-2020
Established
2006
Service Area
Statewide
Estate PlanningProbateProbate LitigationWillsTrustsGuardianshipConservatorshipCharitable Planning
Free consultationVisit site
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
- SDCL § 16-2-29(1); SDCL § 16-2-39
- SDCL § 29A-3-719
- SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)
- 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
Data sourced from South Dakota statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Circuit Court in Moody County, attaching the original will (if any), the death certificate, and the filing fee ($122). Once the court issues letters, the personal representative can act.
Total probate costs usually run 3–8% of the estate value. For Moody County, that means filing fees ($122 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Circuit Court in Moody County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The South Dakota self-filing assessment scores whether this estate can be handled without one.
A simple South Dakota probate typically closes in 4–6 months; average estates run 6–12 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Moody County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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