Overview
Davison County is located in South Dakota with a population of approximately 19,956. The Circuit Court, First 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 (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, wherever located, less liens and encumbrances, does not exceed $100,000, successors may use a Collection of Personal Property by Affidavit (Small Estate Affidavit) to collect assets without full probate administration. This affidavit can be used 30 days after the decedent's death.
South Dakota law sets a standard filing fee for probate, but attorney fees are generally reasonable and based on the time and complexity of the work rather than a statutory percentage of the estate value.
This guide provides an informational overview of the Davison 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
Davison County Clerk of Courts
Probate matters in Davison County are handled at the Davison County Public Safety Center / Courthouse.
Address: 200 East 4th Avenue, Mitchell, SD 57301-0927
Phone: (605) 995-8105 (Clerk of Courts)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of Courts office is part of the First Judicial Circuit. It is located in Mitchell, the county seat.
Parking and Access
Public parking is available near the courthouse building. The facility is accessible to persons with disabilities.
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), you may be able to use an affidavit 30 days after death.
- Joint Tenancy: 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 Davison County Clerk of Courts. Include:
- Petition for Probate of Will (or Adjudication of Intestacy)
- Original Will and codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $75.00)
- Statement of Informal Probate (if proceeding informally)
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 (or of the appointment in informal proceedings) to all heirs, devisees, and interested parties.
- Publish notice to creditors in a legal newspaper in Davison County (such as The Mitchell Republic) 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 not require a hearing if the Clerk approves the application.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors have 4 months after the first publication of notice to file claims.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed (South Dakota has no state inheritance tax).
- Distribute assets to beneficiaries.
- Close the estate by filing a Statement of Personal Representative Closing Estate or a petition for formal discharge.
Local Requirements
Davison County-Specific Procedures
- Local Court Rules: The First Judicial Circuit may have specific administrative rules regarding scheduling and document formatting.
- Publication: Notice to creditors must be published in a legal newspaper of general circulation in Davison County, such as The Mitchell Republic.
- Bond: A bond may be required unless waived by the will or by the court.
Always check with the Clerk of Courts for the most current local forms and filing requirements.
Timeline & Fees
Filing Fees (Davison County)
- Probate Filing Fee: approximately $75.00
- Certified copies of Letters: approximately $2.00 - $5.00 per copy
- Publication costs: approximately $50-$150 depending on the newspaper and length of notice
- Small Estate Affidavit: No court filing fee if used out of court; nominal fee if filed for record.
Payment Methods
The court typically accepts cash, checks, or money orders. Confirm with the clerk before visiting if credit cards are accepted.
Estimated Timelines
- Small Estate Affidavit: Can be used 30 days after death.
- Informal Probate: Can be opened as soon as 120 hours after death; typically takes 6-9 months to close (due to the 4-month creditor period).
- Formal/Contested Estates: Can take 9 months to 2 years or longer depending on complexity.
The 4-month creditor claim period is a primary factor in the minimum duration of probate.
Local Resources
Davison County Court Resources
- Court Website: https://ujs.sd.gov/
- Probate Self-Help: https://ujs.sd.gov/self-help/
- South Dakota Probate Forms: https://ujs.sd.gov/form-file-search/
Legal Aid and Attorney Referrals
- State Bar of South Dakota: (605) 224-7554 — https://www.statebarofsouthdakota.com/
- East River Legal Services: (605) 336-9230 — Provides legal assistance to low-income residents.
- South Dakota Find-A-Lawyer: https://findalawyerinsd.com/
Publication
- The Mitchell Republic: (605) 996-5514 — Legal Notices Department