Where the estate is opened.
Only if the statute's conditions are met. Read the section below.
See the tax section for the exemption or the repeal.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
The probate path
In South Dakota, the estate is opened in the Circuit Court.
SDCL 16-6-9 gives the circuit court original jurisdiction in all matters of probate, guardianship, conservatorship, and settlement of estates of deceased persons. SDCL 29A-3-719 entitles personal representatives and their attorneys and other agents to reasonable compensation, and, when a will does not provide compensation or the proceeding is intestate, allows stated commissions on personal property accounted for. The 2022 session law amending SDCL 29A-3-1201 allows collection of personal property by affidavit when the entire estate does not exceed $100,000.
Source: SDCL 16-6-9, Original civil jurisdiction of circuit court
Fees
In South Dakota, probate compensation is a statutory commission.
SDCL 29A-3-719 states that personal representatives, attorneys, accountants, appraisers, and other agents are entitled to reasonable compensation for services. When compensation is not provided by will, or in an intestate proceeding, the personal representative may be allowed commissions upon the amount of personal property accounted for, excluding personal property not ranked as assets: on the first one thousand dollars at the rate of five percent; on all sums in excess of one thousand dollars and not exceeding five thousand dollars at the rate of four percent; on all sums in excess of five thousand dollars at the rate of two and one-half percent. Upon real property accounted for, compensation is just and reasonable and fixed by the court. Real estate sold by the personal representative in the probate proceeding is considered personal property.
Source: SDCL 29A-3-719, Compensation of personal representative
Small estate
South Dakota's small-estate figure on this page is $100,000 when the statute's conditions are met.
2022 Session Law chapter 88, House Bill 1085, amended SDCL 29A-3-1201 so the affidavit must state that the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000. Thirty days must have elapsed since death. No application or petition for appointment of a personal representative may be pending or granted. The decedent must not have incurred indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care. The current codified HTML page did not render its body text. This dollar figure is the enacted amendatory text on the official session-law page.
Source: 2022 South Dakota Session Laws, chapter 88 (House Bill 1085)
Estate or inheritance tax
South Dakota has no current estate tax on the page linked below.
The South Dakota Department of Revenue states that South Dakota does not have an inheritance tax, that the voters repealed the state inheritance tax effective July 1, 2001, and that there is also no estate tax.
Source: South Dakota Department of Revenue, Taxes
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in South Dakota?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in South Dakota?
2022 Session Law chapter 88, House Bill 1085, amended SDCL 29A-3-1201 so the affidavit must state that the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000. Thirty days must have elapsed since death. No application or petition for appointment of a personal representative may be pending or granted. The decedent must not have incurred indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care. The current codified HTML page did not render its body text. This dollar figure is the enacted amendatory text on the official session-law page.
How are probate fees set in South Dakota?
SDCL 29A-3-719 states that personal representatives, attorneys, accountants, appraisers, and other agents are entitled to reasonable compensation for services. When compensation is not provided by will, or in an intestate proceeding, the personal representative may be allowed commissions upon the amount of personal property accounted for, excluding personal property not ranked as assets: on the first one thousand dollars at the rate of five percent; on all sums in excess of one thousand dollars and not exceeding five thousand dollars at the rate of four percent; on all sums in excess of five thousand dollars at the rate of two and one-half percent. Upon real property accounted for, compensation is just and reasonable and fixed by the court. Real estate sold by the personal representative in the probate proceeding is considered personal property.
Does South Dakota tax an estate or an inheritance?
The South Dakota Department of Revenue states that South Dakota does not have an inheritance tax, that the voters repealed the state inheritance tax effective July 1, 2001, and that there is also no estate tax.
Sources
These are the statute and court pages used above.