Overview
Faulk County is located in South Dakota with a population of approximately 2,100. The Fifth 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 (Form UJS-322 or UJS-324) 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 Small Estate Affidavit procedure for estates consisting entirely of personal property valued at $100,000 or less. This allows heirs to collect assets 30 days after death without full court administration.
South Dakota does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services performed.
This guide provides an informational overview of the Faulk 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
Fifth Judicial Circuit Court
Probate matters in Faulk County are handled at the Faulk County Courthouse.
Address: 110 9th Avenue S., Faulkton, SD 57438
Phone: (605) 598-6223 (Clerk of Courts)
Hours: Monday through Friday, noon to 5:00 p.m.
The Clerk of Courts office is located within the historic Faulk County Courthouse. The Fifth Judicial Circuit serves Faulk County along with several neighboring counties.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during court hours.
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 use an affidavit to collect assets 30 days after death.
- 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 Probate with the Fifth Judicial Circuit Court. Include:
- Petition for Probate (Form UJS-322 or UJS-324)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($75.00)
- Statement of Informal Probate (if applicable)
South Dakota utilizes the Odyssey File & Serve system. E-filing is mandatory for attorneys but optional for self-represented litigants.
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.
- Publish notice in a newspaper of general circulation in Faulk County (such as the Faulk County Record) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, 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 by publishing notice; creditors have 4 months from the first publication to file claims.
- Inventory and appraise all estate assets within 6 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.
Local Requirements
Faulk County-Specific Procedures
- E-filing: Attorneys must file electronically via the Odyssey File & Serve system. Self-represented parties may file paper documents at the Clerk's office.
- Inheritance Tax: South Dakota does not impose a state inheritance tax.
- Bond requirements: A bond may be required for the personal representative unless waived by the will or the court.
- Publication: Notice to creditors must be published in a legal newspaper in Faulk County, such as the Faulk County Record, for three consecutive weeks.
Always check with the Clerk of Courts for any specific local rules or standing orders that may apply to probate cases in the Fifth Circuit.
Timeline & Fees
Filing Fees (Faulk County)
- Probate Petition: approximately $75.00
- Certified copies of Letters: approximately $2.00 per certified copy
- Publication costs: approximately $45-$100 depending on the newspaper
- Copies: $0.25 per page
South Dakota law requires attorney and personal representative fees to be "reasonable" rather than based on a fixed percentage of the estate.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards are typically accepted only through the online e-filing system.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period of 4 months after first publication is a primary factor in the minimum duration of probate.
Local Resources
Faulk 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 — Professional association for attorneys.
- East River Legal Services: (605) 336-9230 — Legal aid for eligible low-income residents.
- State Bar Lawyer Referral: findalawyer.statebarofsouthdakota.com
Publication
- Faulk County Record: (605) 598-6525 — Official legal newspaper for Faulk County.