How Much Does Probate Cost in South Dakota?
Use our free calculator to estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state.
Frequently Asked Questions
Probate costs in South Dakota typically include attorney fees (based on reasonable compensation determined by the court), executor fees, court filing fees, and publication costs.SDCL § 29A-3-719 (PR compensation), § 29A-3-1201 (small estate — entire estate ≤ $100K, 30-day wait, DSS bar), § 29A-3-1203 (real property affidavit — ≤ $50K, 60-day wait), § 29A-3-603 (bond, amended SL 2025 ch 90), § 29A-3-801 (creditor claims — 4 months), § 29A-3-403 + § 29A-1-401 (notice/publication), § 29A-3-301 (informal probate), § 29A-3-502 (supervised-administration exception). Verified 2026-07-14 against sdlegislature.gov/api/Statutes/*.html endpoints and SD UJS Schedule of Court Costs (Rev. July 11, 2025).Verified Jul 14, 2026 On a $500,000 estate, total costs run about $23,735 — roughly 5% of estate value — varying with complexity. Use the executor fee calculator to estimate executor compensation separately.
South Dakota allows estates valued at $100,000 or less to use the Small Estate Affidavit, which avoids full probate administration.SDCL § 29A-3-719 (PR compensation), § 29A-3-1201 (small estate — entire estate ≤ $100K, 30-day wait, DSS bar), § 29A-3-1203 (real property affidavit — ≤ $50K, 60-day wait), § 29A-3-603 (bond, amended SL 2025 ch 90), § 29A-3-801 (creditor claims — 4 months), § 29A-3-403 + § 29A-1-401 (notice/publication), § 29A-3-301 (informal probate), § 29A-3-502 (supervised-administration exception). Verified 2026-07-14 against sdlegislature.gov/api/Statutes/*.html endpoints and SD UJS Schedule of Court Costs (Rev. July 11, 2025).Verified Jul 14, 2026 The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 days after death. Check eligibility with the South Dakota probate need checker.
In South Dakota, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes, tax issues, or unusual assets can take 12-24 months or longer.SDCL § 29A-3-719 (PR compensation), § 29A-3-1201 (small estate — entire estate ≤ $100K, 30-day wait, DSS bar), § 29A-3-1203 (real property affidavit — ≤ $50K, 60-day wait), § 29A-3-603 (bond, amended SL 2025 ch 90), § 29A-3-801 (creditor claims — 4 months), § 29A-3-403 + § 29A-1-401 (notice/publication), § 29A-3-301 (informal probate), § 29A-3-502 (supervised-administration exception). Verified 2026-07-14 against sdlegislature.gov/api/Statutes/*.html endpoints and SD UJS Schedule of Court Costs (Rev. July 11, 2025).Verified Jul 14, 2026 The 4-month creditor claim period sets a minimum timeline.
Yes — the calculator above estimates South Dakota probate attorney fees from the estate value. South Dakota uses a "reasonable compensation" standard, so fees depend on estate complexity, time spent, and local rates.SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Jul 14, 2026 Typical fees run 1.8% to 2.8% of estate value. It shows the attorney fee alongside executor fees, court filing fees, and the total probate cost.
South Dakota has a statutory fee schedule for executor compensation.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 Jul 14, 2026 Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the South Dakota executor fee calculator.
South Dakota sets a separate limit of $50,000 for real property.SDCL § 29A-3-719 (PR compensation), § 29A-3-1201 (small estate — entire estate ≤ $100K, 30-day wait, DSS bar), § 29A-3-1203 (real property affidavit — ≤ $50K, 60-day wait), § 29A-3-603 (bond, amended SL 2025 ch 90), § 29A-3-801 (creditor claims — 4 months), § 29A-3-403 + § 29A-1-401 (notice/publication), § 29A-3-301 (informal probate), § 29A-3-502 (supervised-administration exception). Verified 2026-07-14 against sdlegislature.gov/api/Statutes/*.html endpoints and SD UJS Schedule of Court Costs (Rev. July 11, 2025).Verified Jul 14, 2026
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