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
This guide explains probate in South Dakota: 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. Latest primary-source re-fetch October 3, 2026.
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)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
No percentage schedule; the court decides what is reasonable. 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 (LRC Statutes API); reviewed August 9, 2026)
Timeline and creditor detailsSouth Dakota provisions this site could not read
Not every state serves its own code. Where South Dakota did not, the attempt is recorded here instead of being covered over with a figure copied from a secondary summary. Each row names the authority that would settle the question and the page that failed to return it.
| Authority sought | What is therefore not published | Tried on |
|---|---|---|
| S.D. Codified Laws tit. 29A (Uniform Probate Code) | South Dakota’s compensation rule is not quoted here — representative pay | 2026-09-17 |
| S.D. Codified Laws tit. 29A (small estates) | Why no South Dakota affidavit ceiling appears on this page — small estate route | 2026-09-17 |
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
Every link is probed before each 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
- S.D. Codified Laws § 29A-3-1201 — SDCL § 29A-3-1201 — Collection of personal property by affidavit
- S.D. Codified Laws § 29A-3-719 — SDCL § 29A-3-719 — Compensation of personal representative
- S.D. Codified Laws § 16-2-29(1) — SDCL § 16-2-29 — Fees charged by clerk of courts
- S.D. Codified Laws § 29A-3-1203 — SDCL § 29A-3-1203 — Succession to real property by affidavit
- S.D. Codified Laws § 29A-3-803(a)(3) — SDCL § 29A-3-803 — Limitations on presentation of claims
Every quotation, edition label and machine check is on the South Dakota source record.
South Dakota record: 5/5 verified, 16 matched checks, latest source re-fetch October 3, 2026. Source record · method · report a correction