South Dakota Executor Fee: How Much Is It?

Q: Why does South Dakota bother with a tiered schedule if a will can override it?

The schedule supplies a predictable default for the common case - no will provision on compensation, or no will at all - so families and courts have a computable starting point without needing to litigate reasonableness from scratch every time.

Q: Can real property sold partway through a South Dakota probate switch categories?

Yes - once real estate is sold as part of the probate proceedings, the statute treats it as personal property for purposes of the tiered schedule, rather than leaving it under the separate real-property standard.

Q: Do the seven reasonable-compensation factors ever apply to the personal representative directly?

Yes - subsection (a) names personal representatives specifically alongside attorneys, accountants, and appraisers, so the seven factors apply whenever the tiered schedule in subsection (c) doesn't - for example, when a will sets its own compensation and no renunciation is filed.

Q: Is there a South Dakota case establishing how courts weigh the seven reasonable-compensation factors?

The statute itself lists the seven factors as the framework courts apply, without specifying relative weights, leaving the balancing to the circuit court based on the facts of each estate.

Quick answer: SDCL § 29A-3-719(c) sets a genuinely computable schedule on personal property: 5% of the first $1,000, 4% of the next $4,000, and 2.5% of everything above $5,000. A $500,000 personal-property base produces $12,585. But this schedule only governs "when compensation is not provided by will, or in an intestate proceeding" — outside that scenario, the broader reasonable-compensation standard in subsection (a) takes over. Get an illustrative estimate with the South Dakota executor fee calculator.

Two standards in one statute

SDCL § 29A-3-719(a): "Personal representatives, attorneys, accountants, appraisers, and other agents of the personal representative are entitled to reasonable compensation for services." Seven factors govern: time and labor; novelty, difficulty, and skill; preclusion of other employment; the customary local fee; the nature and value of the estate's assets, income earned, and responsibilities assumed; time limitations; and the person's experience, reputation, diligence, and ability.

The computable default, scoped narrowly

§ 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." The schedule's own text scopes it to a specific default scenario — it isn't a universal baseline the way some states' tiered schedules are.

Attorneys aren't in the tiered schedule

Subsection (c)'s percentage tiers refer specifically to what "the personal representative may be allowed" — not the attorney, accountant, or appraiser. In states like Iowa or Missouri, the identical percentage schedule applies to both the personal representative and the estate's attorney. South Dakota splits the two: the personal representative gets the computable default in the right scenario, while the attorney and other professionals are always evaluated under subsection (a)'s seven factors, regardless of whether a will addresses compensation.

Real property lives in its own lane

§ 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." Unsold real property is compensated separately by the court; sold real property switches categories and joins the tiered calculation.

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.

Worked examples

Personal property base	§ 29A-3-719(c) commission
$100,000	$2,585
$500,000	$12,585
$1,000,000	$25,085

Each figure is the tier-by-tier calculation under § 29A-3-719(c) — real property, if any, is calculated separately. Model your own estate, including a real-property component, in the calculator.

Facing probate in South Dakota?

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South Dakota executor fee — frequently asked questions

Why does South Dakota bother with a tiered schedule if a will can override it?

It supplies a predictable default for the common case — no will provision, or no will at all — without needing to litigate reasonableness every time.

Does personal property that isn't ranked as an asset ever get taxed by the tiered schedule?

No — the statute specifically excludes personal property not ranked as assets from the tiered base.

Can real property sold partway through a South Dakota probate switch categories?

Yes — once sold, it's treated as personal property for the tiered schedule instead of the separate real-property standard.

Do the seven reasonable-compensation factors ever apply to the personal representative directly?

Yes — whenever the tiered schedule doesn't apply, such as when a will sets compensation and no renunciation is filed.

Is there a South Dakota case establishing how courts weigh the seven reasonable-compensation factors?

The statute lists the seven factors as the framework without specifying relative weights, leaving the balancing to the circuit court.

Estimate for general guidance only, not legal advice. Based on SDCL § 29A-3-719. The tiered schedule in subsection (c) applies only when compensation is not provided by will, or in an intestate proceeding. Real property not sold during probate is compensated separately, at a court-fixed rate. Verify with the circuit court or a licensed South Dakota attorney.