Simplified route
$100,000
Collection of personal property by affidavit (SDCL § 29A-3-1201); usable 30 days after death.
Eligibility and caveatsSouth Dakota estate administration
South Dakota probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $100,000
In South Dakota, estates up to $100,000 can use the small-estate route; executor pay is whatever the court finds reasonable (S.D. Codified Laws § 29A-3-719); and claims are due four months after first publication; a creditor mailed notice has four months after appointment or 60 days after the notice, if later; all claims close three years after death at most. South Dakota is a Uniform Probate Code state. Personal property of a decedent whose estate (net of liens and encumbrances) does not exceed $100,000 can be collected by affidavit under SDCL § 29A-3-1201, thirty days after death, with no court filing; a decedent's real property worth $50,000 or less can be transferred by an affidavit filed with the register of deeds under SDCL § 29A-3-1203 sixty days after death. Probate proceedings are filed in the Circuit Court, where the statewide probate filing fee is $75 under SDCL § 16-2-29. Personal representatives receive reasonable compensation under § 29A-3-719 — South Dakota sets no statutory percentage commission schedule.
Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised .
Answer first
South Dakota simplified probate route
Up to $100,000; usable 30 days after death. Source: S.D. Codified Laws § 29A-3-1201.
Collection of personal property by affidavit (SDCL § 29A-3-1201)No combined South Dakota probate total
The Circuit Court filing charge is statewide: $75 (S.D. Codified Laws § 16-2-29(1)). Executor pay is reasonable compensation (S.D. Codified Laws § 29A-3-719), with a printed scale the court may use. Each side in full: South Dakota probate filing cost and South Dakota executor fees.
Screen a specific South Dakota estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.
What the reviewed rules establish
Court cost
$75
One statewide amount.
Filing-cost detailExecutor compensation
Court-reviewed
Reasonable compensation; the statute also prints a commission scale the court may apply. Source: S.D. Codified Laws § 29A-3-719.
Compensation detailCreditor deadline
Multiple triggers
S.D. Codified Laws § 29A-3-803(a)(3) (South Dakota Legislature; reviewed August 9, 2026)
Timeline and creditor detailsStatutes read in full for South Dakota
Read on the enacting state’s own site, with the date each was read.
| Citation | What reading it established | Read on |
|---|---|---|
| SDCL § 29A-3-719 | South Dakota pairs a reasonableness test with a commission scale for estates without a will provision — representative pay note | 2026-10-13 |
| SDCL §§ 29A-3-1201, 29A-3-1203 | South Dakota runs two affidavits, one for personal property and one for land — small estate route note | 2026-10-13 |
South Dakota decision map
The four facts that change the South Dakota route
Each South Dakota answer below links to the page that sets out its source.
| Question | Recorded South Dakota answer |
|---|---|
| What route is being screened? | Collection of personal property by affidavit (SDCL § 29A-3-1201) |
| What property and basis count? | personal probate property only; net of enforceable liens and encumbrances. |
| What is the amount screen? | $100,000 |
| What is the time or deadline record? | 30 days after death; creditor deadlines: separate clocks by triggering event |
| What does the cost record establish? | $75 is the recorded statewide amount. |
| What does compensation use? | Reasonable compensation set by the court, measured on the estate accounting. |
Limits and unresolved costs
Continue
What South Dakota courts publish
Each link goes to the court’s own page and is checked before every release.
- Self-help centreSouth Dakota Unified Judicial System — Self-HelpSouth Dakota Unified Judicial System
- Forms indexSouth Dakota Unified Judicial System — Form & File SearchSouth Dakota Unified Judicial System
Limits on court material
- Probate in South Dakota is handled by the Circuit Court. The Unified Judicial System publishes statewide self-help resources and a form/file search. The $75 probate filing fee is fixed statewide by SDCL § 16-2-29(1) (current through SL 2026, ch 92); the § 29A-3-1201 personal-property affidavit and the § 29A-3-1203 real-property affidavit are private/register-of-deeds instruments, not court probate filings.
South Dakota primary sources
Each rule on the South Dakota pages comes from one of these 5 sources; the citation opens the publisher’s own text. All were last rechecked October 3, 2026.
Simplified-procedure rule
S.D. Codified Laws § 29A-3-1201, SDCL § 29A-3-1201 — Collection of personal property by affidavit.
Executor compensation rule
S.D. Codified Laws § 29A-3-719, SDCL § 29A-3-719 — Compensation of personal representative.
Court cost rule
S.D. Codified Laws § 16-2-29(1), SDCL § 16-2-29 — Fees charged by clerk of courts.
Simplified-procedure rule
S.D. Codified Laws § 29A-3-1203, SDCL § 29A-3-1203 — Succession to real property by affidavit.
Creditor deadline rule
S.D. Codified Laws § 29A-3-803(a)(3), SDCL § 29A-3-803 — Limitations on presentation of claims.
Sources rechecked October 3, 2026: South Dakota source list · how sources are checked · report a correction