South Dakota's Tiered Commission Explained

Quick answer: South Dakota's personal representative commission stacks by bracket: 5% of the first $1,000, 4% of the next $4,000, and 2.5% of everything above $5,000 — on personal property only. See how this affects your own estimate in the South Dakota probate timeline calculator.

A worked example

Bracket	Rate	Amount on a $300,000 estate
First $1,000	5%	$50
Next $4,000 ($1,000–$5,000)	4%	$160
Everything above $5,000 ($295,000)	2.5%	$7,375
Total commission		$7,585

Why the brackets stack, not replace each other

Worth understanding clearly: the schedule under SDCL § 29A-3-719 doesn't apply one rate to the entire personal-property value. Each bracket is taxed at its own rate and the results are added together — so a $300,000 estate works out to $7,585, not simply 2.5% of $300,000 ($7,500). The difference is small at this size but the structure matters for understanding how the commission actually behaves.

Real property sits outside the schedule

Real estate isn't part of this tiered base at all. The court sets its own separate "just and reasonable" compensation for handling real property — unless that real estate is sold during the probate process, in which case the sale proceeds fold back into the personal-property base and become subject to the tiered schedule.

The attorney's fee is different

The same statute sets a separate standard for attorneys (and accountants, appraisers, and other agents): a 7-factor reasonableness test — time and labor, difficulty, preclusion of other employment, customary local fee, the nature and value of the assets, time limitations, and skill and reputation — rather than a percentage.

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The tiered commission — frequently asked questions

How does South Dakota's tiered commission actually calculate out?

It stacks by bracket rather than applying one rate to the whole amount: 5% on the first $1,000, 4% on the next $4,000, and 2.5% on everything above $5,000. A $300,000 personal-property estate works out to $50 + $160 + $7,375 = $7,585, not simply 2.5% of $300,000.

Does South Dakota's tiered commission apply to real estate?

No — real property is excluded from the tiered schedule entirely. The court fixes its own just and reasonable compensation for it separately, unless the real estate is sold during probate, in which case the proceeds fold back into the personal-property base.

Why did South Dakota keep a percentage schedule when other Uniform Probate Code states dropped theirs?

South Dakota adopted the Uniform Probate Code in 1994 but chose to retain a concrete tiered commission for personal property rather than moving entirely to a bare reasonableness standard, giving families a more predictable starting point for estimating cost.

Do attorney fees follow the same tiered schedule as the personal representative's commission?

No — attorney compensation follows a separate 7-factor reasonableness standard under the same statute, not a percentage, though the personal representative's commission itself is a real tiered schedule.

Estimate for general guidance only, not legal advice. Based on SDCL § 29A-3-719. The exact commission and fees for a specific estate depend on its own facts. Consult a licensed South Dakota attorney before proceeding.