South Dakota Probate Filing Fees & Court Costs

The court costs to open and run probate in South Dakota — a modest county filing fee, the $100,000 small estate affidavit, publication, and bond.

South Dakota Circuit Courts FigureMyTax Editorial Team

Quick answer: Opening an estate in South Dakota costs a modest circuit court filing fee — roughly $70 to $125 depending on the county — among the lowest in this series. The collection-by-affidavit procedure needs no court filing at all. Publication and bond are extra. See the full picture in the South Dakota probate cost calculator.

Circuit court fees, by county

Example countyReported filing fee
Codington County (Watertown)~$75
Yankton County~$122
Clay County~$122
Statewide reported range~$70–$125

Each county Clerk of Courts sets its own fee within a similar range; confirm the current figure with your county before filing.

Other administration costs

  • Publication to creditors — newspaper notice once a week for three successive weeks (~$100–$200); creditors have 4 months from first publication or 60 days from mailed notice, whichever is later.
  • Bond — generally required unless waived by the will.
  • Appraisal — if real estate or a business must be valued.
  • Personal representative commission & attorney fee — the real variables: a tiered schedule for the commission (SDCL § 29A-3-719), a 7-factor standard for the attorney.
Not the big cost: the filing fee is small next to the personal representative commission and attorney fee. South Dakota has no estate, inheritance, or income tax, so there's no death-tax layer.

Ways to keep court costs down

  • Collection-by-affidavit — entire estate up to $100,000 net of liens, no filing fee at all (SDCL § 29A-3-1201).
  • Ask your county Clerk of Courts to confirm the current filing fee.
  • Informal probate — the default UPC track, no hearing fee for uncontested estates.

South Dakota filing fees — frequently asked questions

How much is the South Dakota probate filing fee?

It runs roughly $70 to $125 depending on the county, among the lowest in this series.

Does the South Dakota collection-by-affidavit procedure require a filing fee?

No — it needs no court filing at all, so it carries no filing fee.

Why does the South Dakota filing fee vary by county?

Each county Clerk of Courts sets its own fee within a similar statewide range.

Is the filing fee the biggest cost in South Dakota probate?

No — the personal representative commission and attorney fee are typically larger.

Does informal probate reduce South Dakota court costs compared to formal probate?

Yes — it avoids the hearing fees and added time a formal proceeding can involve.

Facing probate in South Dakota?

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

Talk to a South Dakota attorney

Estimate for general guidance only, not legal advice. South Dakota's circuit court probate filing fee runs roughly $70–$125 depending on the county. Publication and bond are extra. The larger costs are the personal representative commission (tiered under SDCL ยง 29A-3-719) and the attorney fee (7-factor reasonableness standard). Confirm current figures with your county Clerk of Courts.