How the South Dakota executor fee actually works
A real, computable schedule — but one with a narrower reach than it first appears.
1. A default schedule, not a universal one
SDCL § 29A-3-719(c): "When compensation is not provided by will, or in an intestate proceeding, the personal representative may be allowed commissions upon the amount of personal property accounted for by the personal representative, excluding personal property not ranked as assets, as follows: (1) On the first one thousand dollars at the rate of five percent; (2) On all sums in excess of one thousand dollars and not exceeding five thousand dollars at the rate of four percent; (3) On all sums in excess of five thousand dollars at the rate of two and one-half percent." A $100,000 personal-property base produces $2,585; $500,000 produces $12,585; $1,000,000 produces $25,085.
2. Real property gets its own separate treatment
§ 29A-3-719(c), final paragraph: "Upon all real property accounted for by the personal representative, the personal representative shall receive a just and reasonable compensation for the services performed to be fixed by the court. All real estate sold by the personal representative as part of the proceedings in probate shall be considered as personal property." Real property that isn't sold during administration is compensated separately, at whatever rate the court fixes — not the tiered schedule.
3. The broader reasonable-compensation standard, for everyone else
§ 29A-3-719(a): "Personal representatives, attorneys, accountants, appraisers, and other agents of the personal representative are entitled to reasonable compensation for services," weighed against seven factors: time and labor; novelty, difficulty, and skill required; preclusion of other employment; the fee customarily charged locally; the nature and value of the estate's assets, income earned, and responsibilities assumed; time limitations imposed by the circumstances; and the person's experience, reputation, diligence, and ability. This is the standard that governs attorneys, accountants, and appraisers — the tiered schedule in (c) applies specifically to the personal representative.
4. The will's compensation, and renouncing it
§ 29A-3-719(b): if the will sets compensation and there's no separate contract with the decedent about it, the personal representative may renounce that provision before qualifying and be entitled to reasonable compensation instead. A personal representative may also renounce all or part of the compensation generally, with a renunciation filed with the court.
| Personal property tier | Rate |
|---|---|
| First $1,000 | 5% |
| $1,000 – $5,000 | 4% |
| Above $5,000 | 2.5% |
| Real property (not sold during probate) | Just and reasonable, court-fixed |