Overview
Custer County is located in South Dakota with a population of approximately 9,330. The Custer County Clerk of Courts 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 (SDCL) Title 29A. The process begins with filing a Petition for Informal 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) 30 days after the decedent's death.
South Dakota does not have a 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 Custer 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
Custer County Clerk of Courts
Probate matters in Custer County are handled at the Custer County Courthouse.
Address: 420 Mt. Rushmore Road, Suite 6, Custer, SD 57730-1934
Phone: (605) 673-4816 (Clerk of Courts)
Hours: Monday through Friday, 8:00 AM to 4:45 PM
The Clerk of Courts office is located within the county courthouse building. It is part of the Seventh Judicial Circuit of South Dakota.
Parking and Access
Public parking is available around the courthouse building. The facility 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, you may be able to use an affidavit to collect assets 30 days after death without court appointment.
- Joint Tenancy: Assets held in joint tenancy with rights of survivorship pass automatically 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 Informal Probate with the Custer County Clerk of Courts. Include:
- Petition for Probate (UJS forms available)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($75.00)
- Statement of Informal Probate
South Dakota utilizes the Odyssey File & Serve system for e-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 required by specific procedure).
- Publish notice in a newspaper of general circulation in Custer County, such as the Custer County Chronicle, for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. For informal probate, a hearing may not be required if all paperwork is in order and no objections are filed. For formal probate, a hearing is held where the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — creditors have 4 months after publication to file claims.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims.
- 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
Custer County-Specific Procedures
- E-filing: Attorneys are generally required to e-file documents through the South Dakota Odyssey File & Serve system. Self-represented litigants may file in paper.
- Bond requirements: Bond may be required unless waived by the will or by the court.
- Local court rules: The Seventh Judicial Circuit may have specific local rules regarding scheduling and document formatting.
- Publication: Notice must be published in a newspaper of general circulation in Custer County for three successive weeks.
Always check with the Clerk of Courts for the most current local checklists or requirements.
Timeline & Fees
Filing Fees (Custer County)
- Probate of an Estate: $75.00
- Small Estate Affidavit: No court filing fee (affidavit is presented to holder of property), but recording fees may apply if real estate is involved.
- Certified copies of Letters: $5.00 certification fee + $0.50 per page
- Publication costs: approximately $40-$100 depending on the newspaper
- Guardianship/Conservatorship: $50.00
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted for e-filing or with an additional processing fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in South Dakota is 4 months after the first publication of notice, which sets a minimum duration for the process.
Local Resources
Custer 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 aid in some SD counties, verify coverage)
- Dakota Plains Legal Services: (605) 856-4444 — dpls.org
Publication
- Custer County Chronicle: (605) 673-2217 — Newspaper of general circulation