How probate works in Todd County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Todd County · 6th Judicial Circuit
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About the court
Verified October 16, 2026 · Source
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 Todd County, probate runs through the Circuit Court at 200 East Third Street, Winner. The court sits in the 6th 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 Todd 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 200 East Third Street, Winner. The court is part of the 6th 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.
Probate cases in Todd County, South Dakota are filed at the Circuit Court. The court sits in the 6th 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.
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 Todd County Self-Filing Assessment.
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.
In South Dakota a death is registered locally, and in Todd County certified copies of the death certificate are issued by Register of Deeds, Todd County as well as by South Dakota Department of Health - Vital Records.
Vital Records Office Record
Todd County · Register of Deeds
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| First certified copy | $15 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Todd County · Todd County Coroner
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Verified November 2, 2026 · Source
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 Todd County are recorded with the Register of Deeds at 200 East 3rd Street, Suite 202, Winner, SD 57580. Phone: 1-605-842-2208. Hours: Monday-Friday 7:30 AM-4:00 PM.
The Register of Deeds charges $30 for the first 50 pages plus $2 for each page beyond 50.
Recording Office Record
Todd County
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| 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
South Dakota allows informal probate, so many families settle straightforward estates in Todd 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 Todd 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.
FirmPierre, SD
Serves clients across South Dakota from its office in Pierre, where it was established in 1881. Handles estate planning and probate matters, including estate and business planning for agricultural families.
PracticesEstate PlanningProbate
FirmPierre, SD
Serves Pierre and statewide clients from its office on S. Coteau in South Dakota's capital. Assists families after a death with the administration of probate and non-probate estates, including trust administration and post-mortem planning. Also drafts trusts, wills, living wills, and durable powers of attorney, with planning for the transition of a family business or farm.
PracticesEstate PlanningTrust AdministrationProbateBusiness Successionand 3 more
Solo PracticePierre, SD
Serves Pierre from East Capitol Avenue. Drafts last wills and testaments and separate durable powers of attorney for health care and business decisions, alongside family law and criminal defense. A sole practice run by attorney Joan Boos Schueller since 2015.
PracticesEstate PlanningPowers Of AttorneyWills
Solo PracticePierre, SD
Serves clients from a solo office on North Harrison in Pierre. Handles probates, wills and trusts, and estate planning alongside real estate law and the representation of children. Attorney Daniel J. Todd is a former Walworth County State's Attorney with almost three decades of practice.
PracticesEstate PlanningProbateTrustsWills
FirmRapid City, SD
Serves Rapid City and western South Dakota, with a second office in Pierre. Assists personal representatives and trustees through probate and estate administration, advocates for heirs and beneficiaries, and handles contested estate and trust litigation, irrevocable trust decanting, reformation and modification, and Medicaid and long-term care planning.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more
FirmSioux Falls, SD
Serves Sioux Falls and southeast South Dakota from its downtown Sioux Falls office. Handles probate and estate administration, trust administration, guardianships and conservatorships, contested estate matters, and special-needs and charitable planning. Founded in Sioux Falls by Frank L. Boyce in 1878.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 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. Fee percentages are modeled estimates; each figure's note says how. How we research.
Free tools for settling an estate in South Dakota: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
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.
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.
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.
Browse vetted South Dakota attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see South Dakota attorney fees, executor fees, court costs and the timeline.
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
Enter the estate value to see whether South Dakota lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
