How probate costs work in South Dakota
South Dakota adopted the Uniform Probate Code in 1994 (SDCL Title 29A), so most estates use informal probate through the circuit court registrar — no hearing required for an uncontested estate. Unlike many UPC states that dropped their percentage schedule entirely, South Dakota kept a real tiered commission schedule for personal property, alongside a general reasonableness standard.
1. Personal representative commission — a real tiered schedule, stacking by bracket
SDCL § 29A-3-719: on personal property accounted for, the commission is 5% of the first $1,000, 4% of the next $4,000, and 2.5% of everything above $5,000 — each bracket stacks rather than one rate applying to the whole amount. Real property is not part of this base at all; the court fixes its own "just and reasonable" compensation separately — except real estate sold during probate, which is folded back into the tiered schedule as personal property. Subsection (a) also sets a general 7-factor reasonableness standard (time and labor, difficulty, preclusion of other employment, customary local fee, nature and value of assets, time limitations, and skill and reputation) that applies to the personal representative and to attorneys, accountants, appraisers, and other agents.
If the personal representative is also the estate's attorney, only one fee is paid, not both. Family representatives frequently waive the commission when they're also beneficiaries.
2. Attorney fee — the same 7-factor standard
No separate schedule: attorney compensation follows the same § 29A-3-719(a) reasonableness factors as the personal representative's, rather than a percentage. South Dakota attorneys typically bill $200–$350 per hour, with straightforward informal probate often running $2,500–$5,000 total and complex proceedings $5,000–$12,000 or more.
3. Court & other costs
- Filing fee — roughly $70–$125 for the initial probate petition, depending on the county circuit court.
- Publication to creditors — newspaper notice, once a week for three successive weeks; creditors have 4 months from first publication or 60 days from mailed notice, whichever is later. Claims are absolutely barred 3 years after death.
- Bond — generally required unless waived by the will.
- Appraisal, certified copies — small additional costs.
4. No South Dakota death tax
No estate, inheritance, or income tax: South Dakota imposes none of the three. Only the federal estate tax can apply, above the federal exemption — so nearly all South Dakota estates owe no death tax. This is also why South Dakota is widely used as a trust jurisdiction.
5. When probate can be simplified in South Dakota
- Collection of personal property by affidavit (SDCL § 29A-3-1201) — entire estate of $100,000 or less (net of liens), 30 days after death. This threshold has risen over time — from $25,000 originally, to $50,000 after a 2003 amendment, to the current $100,000 under a 2022 amendment. Unavailable if the decedent owed a debt to the Department of Social Services for nursing home or other medical assistance.
- Informal probate — the default UPC track, registrar-handled, no hearing for uncontested estates.
| Cost component | South Dakota figure | Source |
|---|---|---|
| Personal representative commission | 5% / 4% / 2.5% tiered, on personal property | § 29A-3-719 |
| Attorney fee | Reasonable, 7-factor standard | § 29A-3-719(a) |
| Circuit court filing fee | ~$70–$125, by county | Circuit Court fee schedule |
| Small estate affidavit | $100,000 (net of liens) | § 29A-3-1201 |
| State estate / inheritance tax | None | SD Dept. of Revenue |