South Dakota kept a real tiered commission schedule when most Uniform Probate Code states dropped percentages entirely — and it still runs on the same 4-month creditor window that shapes the timeline.
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| Milestone | South Dakota rule | Source |
|---|---|---|
| Small estate affidavit eligible | $100,000 or less, net of liens | SDCL § 29A-3-1201 |
| Notice to creditors published | Once a week, 3 successive weeks | § 29A-3-801 |
| Creditor claim bar | 4 months from first publication, or 60 days from mailed notice, later | § 29A-3-803 |
| Absolute outer bar | 3 years after death, regardless of notice | § 29A-3-803 |
| Personal representative commission | Tiered: 5% / 4% / 2.5% on personal property | § 29A-3-719 |
Simple, uncontested estates commonly take 6 to 12 months, driven by the 4-month creditor claim period from first publication.
4 months from first publication of notice, or 60 days from mailed notice to a known creditor, whichever is later. Claims are absolutely barred 3 years after death regardless of notice.
Yes — unlike many Uniform Probate Code states that dropped percentages entirely, South Dakota kept a tiered commission on personal property: 5% of the first $1,000, 4% of the next $4,000, and 2.5% of everything above $5,000.
No. South Dakota has no estate tax, no inheritance tax, and no state income tax — one of the most tax-favorable states in the country, which is also why it is a premier trust jurisdiction.
This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on South Dakota statute (SDCL § 29A-3-719, 29A-3-801, 29A-3-803, 29A-3-1201). Actual timelines depend on the specific county Circuit Court and whether the estate is contested. Confirm current timelines with your county Circuit Court or a licensed South Dakota attorney before acting.