Overview
Kingsbury County is located in South Dakota with a population of approximately 5,187. The Third 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 Small Estate Affidavit procedure for estates valued at $100,000 or less (SDCL 29A-3-1201). This allows successors to collect personal property by affidavit 30 days after death without full court administration.
Personal representatives and attorneys are entitled to reasonable compensation for their services (SDCL 29A-3-719). While there is no strict statutory percentage for attorneys, executor compensation is often guided by a statutory cap: 5% on the first $1,000, 4% on the next $4,000, and 2.5% on the excess, though courts may allow reasonable compensation beyond this for extraordinary services.
This guide provides an informational overview of the Kingsbury 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
Kingsbury County Clerk of Courts
Probate matters in Kingsbury County are handled at the Kingsbury County Courthouse.
Address: 202 2nd Street SE, De Smet, SD 57231-0176 (Mailing: PO Box 176)
Phone: (605) 854-3811
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 5:00 PM
The Clerk of Courts office is part of the Third Judicial Circuit and is located on the upper level of the courthouse.
Parking and Access
Free parking is available in the lot located directly at the courthouse and in surrounding street parking spaces. The courthouse is accessible, with an elevator available for upper-level access.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $100,000 or less (less liens/encumbrances), you may be able to use an affidavit 30 days after death (SDCL 29A-3-1201).
- Joint Tenancy: Property held in joint tenancy with right of survivorship passes directly 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 Kingsbury County Clerk of Courts. Include:
- Petition for Probate of Will and/or Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($75.00)
- Statement of Address
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 (SDCL 29A-1-401).
- Publish notice to creditors in a legal newspaper in Kingsbury County (e.g., Kingsbury Journal) 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:
- Inventory and appraise all estate assets within 6 months of appointment or 9 months after death (SDCL 29A-3-706).
- Pay valid creditor claims (creditors generally have 4 months after publication to file 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
Kingsbury County-Specific Procedures
- E-filing: South Dakota courts use the Odyssey File & Serve system. Attorneys are generally required to e-file.
- Bond requirements: Bond may be required unless waived by the will or by the court.
- Publication: Notice to creditors must be published in a newspaper of general circulation within Kingsbury County, such as the Kingsbury Journal.
- Hearings: Hearings are typically held at the courthouse in De Smet. Check with the Clerk for specific scheduling days for the Third Judicial Circuit.
Timeline & Fees
Filing Fees (Kingsbury County)
- Probate Filing Fee: $75.00
- Certified copies of Letters: approximately $2.00 per page plus certification fee
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
- Small Claims Filing: varies by claim amount (up to $12,000 limit)
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Simple estates (informal): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Creditors have 4 months from the first publication of notice to file claims, which sets a minimum duration for the estate administration.
Local Resources
Kingsbury 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 legal aid to low-income residents in eastern South Dakota.
Publication
- Kingsbury Journal: (605) 854-3331 — Legal newspaper for De Smet, Arlington, and Lake Preston.