Probate cost in South Dakota
In South Dakota, estates up to $100,000 can often skip full probate. For a $300,000 estate, the court fee is $115.
South Dakota's small estate limit is $100,000. Above it, the estate usually goes through probate.
- Court fee to open probate source$115
- Attorney fee sourceNo legal schedule: set by agreement or the courtset by agreement
- Executor fee sourceSet by state law$7,585
Probate total$7,700+
The total leaves out the costs shown without a number.
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | $115 | not set by law | $2,585 | $2,700+ |
| $250,000 | $115 | not set by law | $6,335 | $6,450+ |
| $500,000 | $115 | not set by law | $12,585 | $12,700+ |
| $1,000,000 | $115 | not set by law | $25,085 | $25,200+ |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in South Dakota
- Small estate limit: $100,000 (Collection of personal property by affidavit (SDCL 29A-3-1201)). Does not cover real estate. Heirs wait 30 days after the death. SDCL 29A-3-1201(a): entire estate, wherever located, less liens and encumbrances, $100,000 or less; 30 days after death. Covers debts owed to the decedent, tangible personal property and securities. Section last amended SL 2022, ch 88 (whether that act set the $100,000 figure was not checked). Real property has a separate affidavit: SDCL 29A-3-1203, decedent's South Dakota real property $50,000 or less, 60 days after death, filed with the register of deeds. Source
- Court fee: $115 for a $300,000 estate. SDCL 16-2-29(1): $75 for the probate of an estate (section last amended SL 2026, ch 92). SDCL 16-2-39: $40 court automation surcharge on every probate proceeding. Total $115, not value-based. The UJS schedule of court costs PDF could not be read to cross-check. Source
- Attorney fee: No legal schedule: set by agreement or the court. SDCL 29A-3-719(a): personal representatives, attorneys, accountants, appraisers and other agents are entitled to reasonable compensation, judged by listed factors (time and labor, difficulty, estate assets, and others). No attorney schedule. Source
- Executor fee: Set by state law. SDCL 29A-3-719(c): applies when the will sets no pay or the estate is intestate; the PR 'may be allowed' these commissions. Unsold real property earns a separate just and reasonable fee set by the court (not in tiers). 29A-3-719(a) also gives a general right to reasonable compensation. Source note: SL 1994, ch 232; SL 1995, ch 167; SL 1996, ch 187. Source
Some South Dakota rules could not be checked on a current official page. Each rule links to the source we used. Confirm with the court or a lawyer before you rely on it.
General information from official state sources, not legal advice.