Should You Get a Trust or a Will in South Dakota?
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.
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. The trust also distributes assets faster than the 4 months to 6 months probate timeline a simple estate takes.
Probate in South Dakota runs about $23,735SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the South Dakota probate calculator.
No. A will must go through probate in South Dakota. A small estate may qualify for a simplified route: In South Dakota, estates valued at $100,000SDCL § 29A-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitSDCL § 29A-3-1201Verified Sep 8, 2026View source, 30 daysSDCL § 29A-3-1201Verified Sep 8, 2026View source after death. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.
Simple estates in South Dakota typically take 4 months to 6 months through probate; average estates 6 months to 12 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in South Dakota: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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Marriage
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Learn moreForms for Planning Your Estate in South Dakota
Free forms for planning your estate in South Dakota: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In South Dakota, a will is signed before 2SDCL 29A-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonySDCL 29A-2-502Verified Oct 19, 2026View source.
Pour-Over Will
In South Dakota, a pour-over will is signed before 2SDCL 29A-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Healthcare Power of Attorney
South Dakota allows a choice for a healthcare power of attorney: 2SDCL § 34-12D-3 (living will form; no statutory healthcare proxy form)Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
South Dakota requires explicit durability language for a power of attorney to survive incapacitySDCL § 59-12-3, § 59-12-4, § 59-12-5, § 59-12-6, § 59-12-8, § 59-12-23, § 59-12-41Verified Sep 20, 2026View source, and it is signed before a notarySDCL § 59-12-3, § 59-12-4, § 59-12-5, § 59-12-6, § 59-12-8, § 59-12-23, § 59-12-41Verified Sep 20, 2026View source.
Transfer on Death Deed
In South Dakota, a transfer on death deed is signed before a notarySDCL 29A-6-401 to 29A-6-435Verified Oct 19, 2026View source, then recorded with the county before the owner's deathSDCL 29A-6-401 to 29A-6-435Verified Oct 19, 2026View source.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In South Dakota, the living will is the Living Will DeclarationS.D. Codified Laws ch. 34-12D (§§ 34-12D-1 to 34-12D-22)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in South Dakota
Free tools for planning your estate in South Dakota: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Do I Sign Estate Documents?
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Will My Estate Documents Transfer?
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in South Dakota runs $3,580Estimate: 10 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,370Estimate: 15 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in South Dakota runs $933Estimate: 3 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,866Estimate: 6 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $23,735SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In South Dakota, a parent names a guardian for a minor child in a will or a separate signed writingSDCL 29A-5-202Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18SDCL 26-1-1Verified Sep 16, 2026View source.
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.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in South Dakota runs $3,580Estimate: 10 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,370Estimate: 15 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $933Estimate: 3 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,866Estimate: 6 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
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South Dakota Estate Planning Resources
In-depth guides covering South Dakota probate laws, trust requirements, and estate planning strategies.