Overview
Campbell County is located in South Dakota with a population of approximately 1,342. The Campbell County Clerk of Courts (5th Judicial Circuit) 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 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 an Affidavit for Collection of Personal Property after a 30-day waiting period, avoiding formal probate.
State law does not set a mandatory statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Campbell 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
Campbell County Clerk of Courts
Probate matters in Campbell County are handled at the Campbell County Courthouse.
Address: 111 2nd Street NE, PO Box 146, Mound City, SD 57464
Phone: 605-955-3536
Hours: Tuesday and Thursday, 8:30 AM to 12:00 PM (Note: Office hours are limited; call ahead to confirm availability)
The Clerk of Courts office is part of the Fifth Judicial Circuit. It is located in Mound City, the county seat.
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 right of survivorship pass directly to the co-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 Campbell County Clerk of Courts. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Statement of Informal Probate (if using informal process)
- Filing fee (approximately $75-$122)
South Dakota allows for both Informal (administrative, less court supervision) and Formal (judicial, more court supervision) probate proceedings.
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 of general circulation in Campbell County (such as the Prairie Pioneer) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. For informal probate, the Clerk/Registrar may issue the Letters without a hearing if all paperwork is in order. Once appointed, you will receive Letters Testamentary or Letters of Administration.
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 estate assets (typically within 3 months of appointment).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- Close the estate by filing a final accounting or a sworn statement of completion.
Local Requirements
Campbell County-Specific Procedures
- Limited Hours: The Clerk of Courts office in Mound City has limited hours (Tuesday/Thursday mornings). Plan filings accordingly or contact the circuit for alternative arrangements.
- Publication: Notice to creditors is typically published in the Prairie Pioneer.
- Forms: The South Dakota Unified Judicial System (UJS) provides standard probate forms online.
- Bond: A bond may be required unless waived by the will or by the court.
Timeline & Fees
Filing Fees (Campbell County)
- Probate of Estate: approximately $75.00 (plus surcharges, often totaling ~$122.00)
- Small Estate Termination: approximately $25.00
- Certified Copies: varies (typically ~$5.00)
- Publication costs: approximately $50-$150 depending on the newspaper and length of notice.
Payment Methods
The court typically accepts cash, checks, or money orders. Call 605-955-3536 to confirm if credit cards are accepted and if there are convenience fees.
Estimated Timelines
- Small Estate Affidavit: 30-day waiting period.
- Informal Probate: 4-6 months minimum (due to creditor period).
- Formal/Complex Estates: 9-18 months or longer.
The creditor claim period in South Dakota is 4 months from the first date of publication.
Local Resources
Campbell 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 — erlservices.org (Serving eastern SD)
- Access to Justice: SD Law Help
Publication
- Prairie Pioneer: 605-889-2320 — ppioneer.com