SDCL 16-2-29(1) · checked 2026-10-21
Probate court fees in South Dakota
South Dakota charges a flat $75 to open an estate, whatever its size (probate of an estate $75).
- 1$100,000 estate $75
- 2Fee basis Flat fee
- 3Small-estate fee Not listed
- 4Schedule SDCL 16-2-29
Fee to open an estate, by value
| Estate value | Fee | How it is worked out |
|---|---|---|
| $25,000 | $75 | Probate of an estate $75 |
| $50,000 | $75 | Probate of an estate $75 |
| $100,000 | $75 | Probate of an estate $75 |
| $250,000 | $75 | Probate of an estate $75 |
| $500,000 | $75 | Probate of an estate $75 |
| $1,000,000 | $75 | Probate of an estate $75 |
The fee is the same at every value, so a small estate pays as much as a large one to open full administration. At $100,000, 3 of the 18 fee schedules on this site charge less and 14 charge more.
Other charges in the schedule
| Item | Amount |
|---|---|
| Probate of an estate | $75 |
| Special administration proceedings | $25 |
| Summary administration proceedings | $25 |
| Safekeeping or filing of a will | $2 |
Source: South Dakota Codified Laws § 16-2-29 (circuit court clerk fees), last checked 2026-10-21. Courts can add copy, certification and publication costs that are not in this schedule.
The small-estate route and its cost
South Dakota's simplified procedure is the affidavit for collection of personal property (SDCL 29A-3-1201), for estates within $100,000. It is not filed with the court, so there is no court filing fee for the affidavit itself. Check the South Dakota limit or see how long probate takes there.
What the court fee does not cover
The schedule above is only the court's own charge. Publishing notice to creditors in a newspaper, certified copies of letters, a fiduciary bond where the court requires one, appraisals and recording fees for real estate are billed separately by whoever provides them. Those notices also start South Dakota's creditor claim period of 4 months (SDCL 29A-3-801(a)), which usually decides how soon the estate can close. Most courts can waive or defer fees for a petitioner who cannot pay; the clerk's office has the request form.
Related: probate court fees compared · what probate is · all fee schedules.
Court fees only, read from the official schedule on 2026-10-21. Not legal advice; Probate Clock does not refer anyone to lawyers. Fee waivers are usually available to people who cannot pay — ask the court clerk.