Overview
Butte County is located in South Dakota with a population of approximately 10,891. The Fourth 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 process 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 personal property 30 days after the decedent's death without full court administration.
State law sets the probate filing fee at $75.00. Attorneys and personal representatives are entitled to reasonable compensation, though South Dakota does not have a mandatory statutory fee schedule based on a percentage of the estate; fees are typically determined by the time and complexity of the work.
This guide provides an informational overview of the Butte 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
Fourth Judicial Circuit Court
Probate matters in Butte County are handled at the Butte County Courthouse.
Address: 839 5th Avenue, Belle Fourche, SD 57717-0250
Phone: (605) 892-2516 (Clerk of Courts)
Hours: Monday through Friday, 7:30 AM to 5:00 PM
The Clerk of Courts office is located within the county courthouse. The Fourth Judicial Circuit serves Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins, and Ziebach counties.
Parking and Access
Public parking is available around the courthouse building. The facility is accessible to persons with disabilities; contact the Clerk's office for specific accommodation requests.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $100,000 or less, you may collect assets via affidavit 30 days after death.
- Joint Tenancy: Assets held in joint tenancy with rights 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 Fourth Judicial Circuit Court. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($75.00)
- Statement of Address (for Personal Representative)
South Dakota utilizes the Odyssey File & Serve system for electronic filing, which may be mandatory for attorneys.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or as directed by the court).
- Publish notice in a newspaper of general circulation in Butte County (such as the Butte County Post or Black Hills Pioneer) once a week for three successive weeks.
Step 4: Attend the Hearing
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, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for 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 according to the will or state intestacy laws.
- File a final accounting and petition for discharge to close the estate.
Local Requirements
Butte County-Specific Procedures
- E-filing: South Dakota courts use the Odyssey File & Serve system. Attorneys are generally required to e-file.
- Bond requirements: A bond may be required unless waived by the will or the court.
- Local court rules: The Fourth Judicial Circuit may have specific scheduling practices; contact the Clerk for hearing availability.
- Publication: Notice to creditors must be published in a legal newspaper in Butte County for three successive weeks.
Always check with the Clerk of Courts for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Butte County)
- Probate Petition: $75.00
- Small Estate Affidavit: No court filing fee (affidavit is presented to holders of property)
- Certified copies of Letters: Approximately $5.00 per copy (fees vary)
- Publication costs: Approximately $100-$200 depending on the newspaper and length of notice
- Copies: $0.25 per page
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted for e-filing or with an additional processing fee.
Estimated Timelines
- Simple estates (informal probate): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
Creditors have 4 months after the first publication of notice to file claims, which sets a minimum duration for the process.
Local Resources
Butte County Court Resources
- Court Website: ujs.sd.gov
- Probate Self-Help: South Dakota UJS Self-Help
- South Dakota Probate Forms: UJS Form 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
- Dakota Plains Legal Services: (605) 856-4444 — dpls.org
Publication
- Butte County Post: (605) 892-2528 — Legal notices for Butte County
- Black Hills Pioneer: (605) 642-2761 — Regional newspaper covering the Northern Black Hills