Overview
Bon Homme County is located in South Dakota with a population of approximately 7,071. 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 Title 29A of the South Dakota Codified Laws (Uniform Probate Code). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative 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 (Collection of Personal Property by Affidavit) to collect assets without full court administration, provided at least 30 days have passed since the death.
Filing fees in South Dakota are generally uniform across the state. The filing fee for a standard probate petition is $75.00. Attorneys appointed by the court are compensated at a rate of approximately $122.00 per hour (2026 rate).
This guide provides an informational overview of the Bon Homme 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
Bon Homme County Clerk of Courts
Probate matters in Bon Homme County are handled at the Bon Homme County Courthouse.
Address: 300 W. 18th Avenue, PO Box 6, Tyndall, SD 57066
Phone: (605) 589-4215
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of Courts office is located within the historic county courthouse in Tyndall. The First Judicial Circuit serves Bon Homme County along with several surrounding counties.
Parking and Access
Street parking is generally available around the courthouse square in Tyndall. The building is accessible to the public during standard 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 (less liens/encumbrances) and 30 days have passed since death, you may be able to use an affidavit to collect assets.
- Joint Tenancy: Assets held in joint tenancy with right of survivorship pass directly to the surviving owner.
- 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 Bon Homme County Clerk of Courts. Include:
- Petition for Probate of Will (or Adjudication of Intestacy)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($75.00)
- Statement of Address (for Personal Representative)
South Dakota allows for both "informal" and "formal" probate proceedings depending on the level of court supervision required.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a legal newspaper in Bon Homme County (such as the Tyndall Tribune & Register) 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 probate may be processed by the Clerk/Registrar without a hearing if there are no objections.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors have 4 months from the date of first publication to file claims.
- Inventory and appraise all estate assets.
- 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
Bon Homme County-Specific Procedures
- Local Court Rules: Bon Homme County is part of the First Judicial Circuit; local administrative rules may apply regarding scheduling and filing formats.
- Publication: Notice to creditors must be published in a legal newspaper of general circulation in the county, such as the Tyndall Tribune & Register.
- Bond: A bond may be required for the Personal Representative unless waived by the will or by the court.
Always check with the Clerk of Courts for the most current local filing requirements.
Timeline & Fees
Filing Fees (Bon Homme County)
- Probate Petition: $75.00
- Termination of Life Estate: $25.00
- Special Administration: $25.00
- Certified Copies: $2.00 certification fee + copy costs (approx. $0.50/page)
- Publication costs: Varies by newspaper, typically $40-$100
Payment Methods
The court typically accepts cash, checks, or money orders. Confirm with the Clerk if credit cards are accepted (convenience fees may apply).
Estimated Timelines
- Small Estate Affidavit: Minimum 30 days post-death.
- Informal Probate: Can be opened relatively quickly (days/weeks); creditor period is 4 months.
- Average Estate: 6-9 months.
- Complex or Contested Estates: 12 months or longer.
The creditor claim period in South Dakota is 4 months from the date of the first publication of notice.
Local Resources
Bon Homme County Court Resources
- Court Website: ujs.sd.gov
- Probate Self-Help: SD UJS Self-Help
- South Dakota Probate Forms: UJS Forms
Legal Aid and Attorney Referrals
- State Bar of South Dakota: (605) 224-7554 — statebarofsouthdakota.com
- East River Legal Services: (605) 336-9230 — Provides legal aid to low-income residents in eastern SD.
Publication
- Tyndall Tribune & Register: (605) 589-3242 — Legal newspaper for Bon Homme County.