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Revocable Living Trust for South Dakota ResidentsCreate a revocable living trust to avoid probate, protect privacy, and control asset distribution.South Dakota Last Will and TestamentName your heirs, guardians, and final wishes. Free for every state.South Dakota Pour-Over WillCatch anything outside your trust. Pairs with your revocable trust.South Dakota Healthcare Power of AttorneyName someone to make medical decisions if you can't.South Dakota Financial Power of AttorneyName someone to manage your finances if you can't.South Dakota Transfer on Death DeedTransfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.South Dakota Vehicle Transfer on DeathName a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.EIN ApplicationGet the tax ID number (EIN) banks require to open an estate account or trust account after someone dies.Petition for Probate and LettersOpen probate and ask the court to appoint you and issue Letters Testamentary or Letters of Administration.South Dakota Notice to CreditorsNotify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.South Dakota Renunciation of ExecutorDecline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.South Dakota Living WillState in advance which life-sustaining treatments you want or refuse, in the document your state recognizes, with signing instructions from the statute.Affidavit of HeirshipPrepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.South Dakota Small Estate AffidavitCollect a small estate's property without probate — the sworn affidavit presented to banks and other holders, with a presentation letter for each.South Dakota Estate InventoryPrepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.South Dakota Estate ClosingPrepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.Letter of InstructionPrepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.Digital Assets Recovery LetterPrepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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I'm planning ahead
South Dakota Estate Planning Cost CalculatorCompare costs across estate planning providers including online services and attorneys.South Dakota Revocable Living Trust Cost CalculatorCompare revocable living trust costs across providers including online services and attorneys.South Dakota Will Cost CalculatorCompare will costs across providers plus probate costs your heirs will pay.South Dakota Life Insurance CalculatorCalculate your life insurance needs based on income, debts, and family situation.South Dakota Beneficiary Designation CheckerCheck how divorce, creditors, and state laws affect your beneficiary designations.South Dakota Name a Guardian GuideSee how a parent names a guardian for their minor children, what weight the court gives your choice, and your options for temporary care.South Dakota Burial & Cremation Law GuideSee who controls final arrangements, cremation and burial rules, and what your state allows.South Dakota Signing Requirements CheckerFind witness, notary, and remote signing requirements for all 50 states.South Dakota Document Portability CheckerCheck if estate planning documents signed in one state are valid in another.South Dakota Trust Need AssessmentFind out if a revocable trust makes sense based on your state, estate value, and family situation.South Dakota TOD Deed AssessmentFind out if a transfer on death deed can keep your property out of probate.South Dakota Vehicle TOD AssessmentFind out if you can name a beneficiary on your vehicle title to skip probate.South Dakota Trust or Will Decision ToolCompare the cost of probate vs a trust for your state and estate value.
Someone I love died
South Dakota Death Certificate CalculatorCalculate how many certified death certificates you need and see ordering info for your state.South Dakota Probate Decision ToolFind out if an estate needs probate or qualifies for simplified procedures.South Dakota Estate Settlement PlanPersonalized plan for settling an estate after someone passes away.South Dakota What to Do When Someone Dies ChecklistA step-by-step checklist for the days, weeks, and months after a death, with state rules noted where they apply.
I'm an executor
South Dakota Probate Cost CalculatorEstimate attorney fees, executor fees, court costs, and timeline for probating an estate.South Dakota Executor Fee CalculatorCalculate how much an executor can charge for administering an estate.South Dakota Self-File Probate AssessmentWhether your state lets you open probate yourself, and what it costs with a lawyer and without one.South Dakota Executor Appointment GuideSee the court, petition, bond, and documents needed to be appointed and receive your Letters.South Dakota Creditor Claims DeadlinesFind creditor claim deadlines, notice requirements, and payment priority order for your state.South Dakota Insolvent Estate CalculatorSee the order your state pays an insolvent estate's debts and which claims go unpaid.South Dakota Personal Property Value EstimatorEstimate the fair market value of household items for probate and see how it affects fees.
I'm a trustee
South Dakota Trustee Compensation CalculatorFind out what fair compensation looks like for serving as trustee.South Dakota Trust Settlement PlanPersonalized plan for settling a trust after the grantor passes away.
I'm inheriting
South Dakota Who Inherits CalculatorFind out who inherits your estate and how much they get if you die without a will.South Dakota Estate & Inheritance Tax CalculatorCalculate federal estate tax, state estate tax, and inheritance tax for an estate.South Dakota Inheritance Tax GuideInheritance tax by state, federal tax on inheritance, and timeline estimates for receiving money, property, or retirement assets.South Dakota Step-Up Basis CalculatorCalculate the new cost basis on inherited assets under IRC § 1014 and project capital gains tax savings.South Dakota Post-Death Tax Filing GuideFind out which tax returns need to be filed after someone dies and whether tax clearance is required.
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Revocable Living Trust for South Dakota ResidentsSouth Dakota Last Will and TestamentSouth Dakota Pour-Over WillSouth Dakota Healthcare Power of AttorneySouth Dakota Financial Power of AttorneySouth Dakota Transfer on Death DeedSouth Dakota Vehicle Transfer on DeathEIN ApplicationPetition for Probate and LettersSouth Dakota Notice to CreditorsSouth Dakota Renunciation of ExecutorSouth Dakota Living WillAffidavit of HeirshipSouth Dakota Small Estate AffidavitSouth Dakota Estate InventorySouth Dakota Estate ClosingLetter of InstructionDigital Assets Recovery Letter
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South Dakota Estate Planning Cost CalculatorSouth Dakota Revocable Living Trust Cost CalculatorSouth Dakota Will Cost CalculatorSouth Dakota Life Insurance CalculatorSouth Dakota Beneficiary Designation CheckerSouth Dakota Name a Guardian GuideSouth Dakota Burial & Cremation Law GuideSouth Dakota Signing Requirements CheckerSouth Dakota Document Portability CheckerSouth Dakota Trust Need AssessmentSouth Dakota TOD Deed AssessmentSouth Dakota Vehicle TOD AssessmentSouth Dakota Trust or Will Decision Tool
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South Dakota Probate Cost CalculatorSouth Dakota Executor Fee CalculatorSouth Dakota Self-File Probate AssessmentSouth Dakota Executor Appointment GuideSouth Dakota Creditor Claims DeadlinesSouth Dakota Insolvent Estate CalculatorSouth Dakota Personal Property Value Estimator
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South Dakota Trustee Compensation CalculatorSouth Dakota Trust Settlement Plan
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South Dakota Who Inherits CalculatorSouth Dakota Estate & Inheritance Tax CalculatorSouth Dakota Inheritance Tax GuideSouth Dakota Step-Up Basis CalculatorSouth Dakota Post-Death Tax Filing Guide
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Federal Agencies
Administration for Community Living (ACL)Black Lung Benefits ProgramBureau of Indian Affairs (BIA)Centers for Medicare & Medicaid Services (CMS)Consumer Financial Protection Bureau (CFPB)Defense Finance and Accounting Service (DFAS)Defense Health Agency (DHA)Department of Veterans Affairs (VA)DOD Casualty Assistance ProgramDrug Enforcement Administration (DEA)Energy Employees Occupational Illness Program (EEOICPA)Federal Aviation Administration (FAA)Federal Communications Commission (FCC)Federal Deposit Insurance Corporation (FDIC)Federal Election Commission (FEC)Federal Emergency Management Agency (FEMA)Federal Student Aid (FSA)Federal Trade Commission (FTC)Indian Health Service (IHS)Internal Revenue Service (IRS)National Credit Union Administration (NCUA)National Personnel Records Center (NPRC)National Transportation Safety Board (NTSB)NOAA Commissioned Officer CorpsOffice of Personnel Management (OPM)Pension Benefit Guaranty Corporation (PBGC)Radiation Exposure Compensation Program (RECA)Railroad Retirement Board (RRB)September 11th Victim Compensation Fund (9/11 VCF)Social Security Administration (SSA)Thrift Savings Plan (TSP)Transportation Security Administration (TSA)U.S. Citizenship and Immigration Services (USCIS)U.S. Coast Guard Casualty Assistance ProgramU.S. Copyright OfficeU.S. Department of Housing and Urban Development (HUD)U.S. Department of Labor (DOL)U.S. Department of StateU.S. Department of the TreasuryU.S. Patent and Trademark Office (USPTO)U.S. Public Health Service Commissioned Corps (PHS)U.S. Securities and Exchange Commission (SEC)U.S. Small Business Administration (SBA)United States Postal Service (USPS)USDA Farm Service Agency (FSA)
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Home→Tools→South Dakota

Tools for Planning and Settling an Estate in South Dakota

For anyone planning an estate in South Dakota or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under South Dakota law.

AllPlanning aheadSettling an estate
All situations36I'm planning ahead21Someone I love died13I'm an executor14I'm a trustee7I'm inheriting6
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36 tools for South Dakota

Do I Need a Revocable Trust?

Probate in South Dakota takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source to 2.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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Do I Need a TOD Deed?

South Dakota authorizes transfer on death deedsSDCL 29A-6-401 to 29A-6-435Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.

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Do I Need a Vehicle TOD?

South Dakota allows a transfer-on-death beneficiary designation on a vehicle titleSDCL 32-3-80 to 32-3-84Verified Aug 25, 2026View source, filed through the South Dakota Department of Revenue, Division of Motor Vehicles (applications filed at the county treasurer's office) using Form 1001.

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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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How Do I Get Appointed as Executor?

In South Dakota, the Circuit Court appoints the personal representative and the Clerk of court issues Letters Testamentary or Letters of Administration; an informal (registrar) track is availableSDCL § 29A-3-301Verified Sep 8, 2026View source.

See the Steps

What Are the Creditor Claim Deadlines?

In South Dakota, creditors have 4 monthsSDCL § 29A-3-801Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.

Check Deadlines

What Happens When an Estate Is Insolvent?

When an estate owes more than it holds, South Dakota pays the claims in 5SDCL § 29A-3-805Verified Sep 23, 2026View source classes in statutory order, beginning with administration costs and expenses.

Check the Payment Order

How Do I Open an Estate Account When Someone Dies?

Compare estate-account opening requirements bank by bank: channels, required documents, and steps.

See Bank Requirements

How Do I Open a Trust Account at My Bank?

Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.

See Bank Requirements

When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

Check Withdrawal Rules

Do I Have to File Tax Returns for Someone Who Died?

South Dakota has no state income tax, so only the federal final Form 1040 is due for the decedentNo enabling statute (SDCL Title 10 contains no individual income tax chapter); S.D. Const. Art. XI, §§ 2, 13, 14; SD DOR, dor.sd.gov/individuals/taxes/Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

Check Requirements

What Is the Estate's Personal Property Worth for Probate?

Estimate the fair market value of household items for probate and see how it affects fees.

Estimate Value

Trust or Will: Which Costs Less?

In South Dakota, a will-based plan pays probate attorney fees of typically 1.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source to 2.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

Compare Options

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 Sep 15, 2026View source to present claims; a simple estate closes in 4 months to 6 months.

Get Plan

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 Jul 15, 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.

Get Plan

What Do I Do When Someone Dies?

After a death in South Dakota, the estate either qualifies for the simplified procedure for estates under $100,000SDCL § 29A-3-1201Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsSDCL § 29A-3-801Verified Sep 8, 2026View source to file claims after notice.

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