South Dakota Probate Calculator

Estimate probate fees, executor compensation, and court costs in this state instantly. Updated for 2025 based on local South Dakota probate statutes.

Verified SD DataSouth Dakota Specific Rates6-12 Months Avg.
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Statute-Based Estimates
2025 Updated Data

Cost Estimator

South Dakota Probate Fees (USD)

Probate Cost Estimator

Instant estimate of legal fees, commissions, and court costs.

$

Include all real estate, bank accounts, and physical property owned solely by the decedent.

How Probate Works in South Dakota

South Dakota is a UPC state with a statutory fee schedule for executors. It is considered an efficient state for probate administration.

Legal Fee Guidelines

Attorney fees are not statutory but must be reasonable. They often mirror the executor fee schedule.

Executor Compensation

S.D. Codified Laws 30-25-7 sets the rate: 5% on first $1K, 4% on next $4K, 2.5% on everything over $5K.

Small Estate Shortcut

In South Dakota, estates valued under USD 50,000 may qualify for simplified probate procedures, saving months of time and thousands in fees.

Check Eligibility Now

Typical South Dakota Probate Timeline

Most estates in South Dakota follow this 6-stage process, taking an average of 6-12 months.

01

Petition

File petition with the South Dakota probate court to open the estate.

02

Notice

Notify creditors and heirs of the probate proceedings.

03

Inventory

Appraise and inventory all estate assets.

04

Debts & Taxes

Pay valid creditor claims and final tax liabilities.

05

Distribution

Distribute remaining assets to legal beneficiaries.

06

Closing

File final accounting and close the estate.

Ways to Reduce Probate Costs in South Dakota

Use the $50,000 Small Estate Affidavit for personal property
Opt for informal probate
Consolidate small accounts before starting the process

Statutory Reference: S.D. Codified Laws § 30-25-7

Frequently Asked Questions

How much does probate cost in South Dakota?
Probate costs in South Dakota typically range from 3-7% of the estate value. Statutory tiered schedule (UPC state). Court filing fees range from USD 100 to 200.
What are attorney fees for probate in South Dakota?
Attorney fees are not statutory but must be reasonable. They often mirror the executor fee schedule.
How long does probate take in South Dakota?
Probate in South Dakota typically takes 6 to 12 months for standard estates. Complex or contested estates may take longer.
Can I avoid probate in South Dakota?
Yes. South Dakota allows estates under USD 50,000 to use simplified procedures. Living trusts, joint ownership, and beneficiary designations can also help avoid probate.
What are executor fees in South Dakota?
S.D. Codified Laws 30-25-7 sets the rate: 5% on first $1K, 4% on next $4K, 2.5% on everything over $5K.

Need Expert Help with South Dakota Probate?

Don't navigate the complex South Dakota legal system alone. Connect with a professional probate specialist today for a consultation or explore our probate avoidance guides.

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