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Probate Attorney Fees in South Dakota

What probate lawyers charge in South Dakota, why they aren't on the same tiered schedule as the personal representative, and how hourly billing typically works.

§ 29A-3-719(a) · 7 factors FigureMyTax Editorial Team

By the FigureMyTax Editorial Team · How we calculate

Quick answer: South Dakota's tiered 5%/4%/2.5% commission schedule under SDCL § 29A-3-719 applies to the personal representative's fee on personal property — not to the attorney's fee. Attorney compensation follows a separate 7-factor reasonableness test in the same statute, typically billed hourly at $200–$350 per hour. Estimate the whole picture in the South Dakota probate cost calculator.

A 7-factor test, not the tiered schedule

SDCL § 29A-3-719(a): attorneys (along with accountants, appraisers, and other agents employed by the estate) are compensated based on time and labor, difficulty, preclusion of other employment, the customary local fee, the nature and value of the estate's assets, time limitations, and skill and reputation — not the tiered percentage that applies to the personal representative's own commission on personal property.

How South Dakota probate lawyers bill

  • Hourly — the most common method, commonly $200–$350 per hour.
  • Flat fee — many South Dakota attorneys offer flat-fee probate for routine, uncontested estates.
  • Reported totals — straightforward informal probate often runs $2,500–$5,000; complex or contested proceedings $5,000–$12,000 or more.
One fee, not two: if the personal representative is also the estate's attorney, § 29A-3-719 specifies only one fee is paid — not both the commission and a separate attorney's fee for the same work.
Facing probate in South Dakota?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a South Dakota attorney

Questions to ask before hiring

  • Do you bill hourly or flat — and what's your estimate for an estate like mine?
  • What does the Circuit Court typically approve for a similar estate?
  • Can this estate use the $100,000 collection-by-affidavit procedure and skip court entirely?
  • Will informal probate apply, or does anything require a formal hearing?

Ways to reduce legal fees

  • Collection-by-affidavit — up to $100,000, no court filing, usually no attorney.
  • Informal probate — far less attorney time than a contested formal proceeding.
  • Stay organized — a clean inventory cuts billable hours.

South Dakota probate attorney fees — frequently asked questions

How much does a probate lawyer cost in South Dakota?

The tiered commission doesn't apply to attorneys. They typically bill hourly, $200-$350 per hour, with totals often $2,500-$5,000.

Why doesn't South Dakota's tiered schedule cover the attorney fee too, like Iowa or Missouri?

The tiers refer specifically to the personal representative; attorneys are covered separately by the seven-factor standard.

Does South Dakota law address what happens if the personal representative is also the attorney?

Yes — only one fee is paid, not both.

Can using collection-by-affidavit reduce South Dakota attorney fees?

Usually yes — it requires no court filing and far less attorney involvement.

Is a flat fee common for South Dakota probate work?

Yes — many attorneys offer flat-fee arrangements for routine, uncontested estates.

Related South Dakota guides

South Dakota Probate Cost CalculatorFull estimate + PDF Full Cost BreakdownThe tiered commission Filing Fees~$70–$125 by county Executor Fee CalculatorTiered commission

Estimate for general guidance only, not legal advice. South Dakota's tiered personal representative commission (SDCL ยง 29A-3-719) does not apply to the attorney's fee, which follows a separate 7-factor reasonableness standard in the same statute. Figures shown are illustrative estimates based on reported market rates. Get a written fee agreement and verify with a licensed South Dakota attorney.