Overview
Aurora County is located in South Dakota with a population of approximately 2,750. The First Judicial Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
South Dakota probate is governed by South Dakota Codified Laws Title 29A (Uniform Probate Code). The process begins with filing a Petition for Probate to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
South Dakota offers a simplified procedure for small estates. If the value of the entire estate (less liens and encumbrances) does not exceed $100,000, successors may use a Small Estate Affidavit to collect assets without full court administration.
State law sets statutory fees for personal representatives based on the value of the personal estate: 5% on the first $1,000, 4% on the next $4,000, and 2.5% on the excess. Attorney fees are not fixed by statute but must be "reasonable."
This guide provides an informational overview of the Aurora County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Aurora County Clerk of Courts
Probate matters in Aurora County are handled at the Aurora County Courthouse.
Address: 401 N Main St, Plankinton, SD 57368
Phone: 605-942-7165
Hours: Monday through Thursday, 8:00 AM to 4:30 PM (Closed Fridays)
The Clerk of Courts office is located within the county courthouse. The First Judicial Circuit serves Aurora County.
Parking and Access
Street parking is generally available around the courthouse in Plankinton. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less, you may be able to use an affidavit to collect assets 30 days after death.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass automatically to the survivor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Aurora County Clerk of Courts. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Statement of Informal Probate (if proceeding informally)
- Filing fee (approximately $75)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or informal appointment) to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Aurora County (such as the Aurora County Standard) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal proceedings may be handled by the Clerk/Registrar without a hearing if no objections are filed.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow the creditor claim period to expire (claims are barred 4 months after the first publication of notice).
- Inventory and appraise all estate assets within 6 months of appointment (or 9 months after death, whichever is later).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge to close the estate.
Local Requirements
Aurora County-Specific Procedures
- Filing Venue: File with the Clerk of Courts in Plankinton.
- Publication: Notice to creditors must be published in a local legal newspaper, typically the Aurora County Standard.
- Inventory: Must be filed with the court within 6 months of appointment.
- Bond: A bond may be required unless waived by the will or the court.
Always check with the Clerk of Courts for any specific local forms or standing orders.
Timeline & Fees
Filing Fees (Aurora County)
- Probate Filing Fee: approximately $75.00
- Certified Copies: approximately $5.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Small Estate Affidavit: No court filing fee (affidavit is presented to asset holders).
Statutory Personal Representative Fees
South Dakota law (SDCL 29A-3-719) allows personal representatives to charge:
- 5% on the first $1,000 of personal estate value
- 4% on the next $4,000
- 2.5% on the excess over $5,000
Estimated Timelines
- Simple estates (informal, no disputes): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period (4 months from first publication) sets the minimum duration for most estates.
Local Resources
Aurora County Court Resources
- Court Website: ujs.sd.gov
- Probate Self-Help: SD UJS Self-Help
- South Dakota Probate Forms: UJS Form & File Search
Legal Aid and Attorney Referrals
- State Bar of South Dakota: 605-224-7554 — statebarofsouthdakota.com
- East River Legal Services: 605-336-9230 — erlservices.org
Publication
- Aurora County Standard: 605-942-7722 — Official newspaper for legal notices in the county.