Overview
Minnehaha County is located in South Dakota with a population of approximately 213,000. The Second 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 South Dakota Codified Laws (SDCL) Title 29A (Uniform Probate Code). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (or Petition for Adjudication of Intestacy) 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.
For smaller estates, South Dakota offers a Collection of Personal Property by Affidavit procedure if the value of the entire estate (less liens and encumbrances) does not exceed $100,000. This process can be used 30 days after the decedent's death.
South Dakota law allows personal representatives and attorneys to receive reasonable compensation for their services (SDCL 29A-3-719). Fees are not set by a statutory percentage but must be reasonable based on the time and complexity of the work.
This guide provides an informational overview of the Minnehaha 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
Minnehaha County Courthouse
Probate matters in Minnehaha County are handled at the Minnehaha County Courthouse.
Address: 425 N. Dakota Avenue, Sioux Falls, SD 57104
Phone: (605) 367-5900 (Clerk of Courts)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of Courts office is located on the first floor. The Second Judicial Circuit serves Minnehaha and Lincoln counties.
Parking and Access
Free public parking is available in the lot directly adjacent to the courthouse and in designated street spaces. There are also public parking ramps and lots nearby in downtown Sioux Falls which are generally free after 5:00 PM and on weekends. Security screening is required upon entering the courthouse.
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), you may be able to use the "Collection of Personal Property by Affidavit" process after a 30-day waiting period.
- Joint Tenancy/Survivorship: 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 (Form UJS-080 or similar) with the Second Judicial Circuit Court. Include:
- Petition for Probate of Will and/or Appointment of Personal Representative
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (typically $75.00 base fee)
- Statement of Address (for Personal Representative)
Attorneys are generally required to use the Odyssey File & Serve e-filing system.
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 directed by the court).
- Publish notice in a legal newspaper of general circulation in Minnehaha County (such as the Dakota Scout or Argus Leader) 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:
- Notify creditors: Creditors have 3 months after the first publication of notice to file claims (or 3 years if no notice is published).
- Inventory and appraise all estate assets within 6 months of appointment (or 9 months after death).
- 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.
- File a final accounting and petition for discharge to close the estate.
Local Requirements
Minnehaha County-Specific Procedures
- E-filing: Attorneys are required to file documents electronically via the Odyssey File & Serve system. Self-represented litigants may file in paper at the Clerk's office.
- Publication: Notice to creditors must be published in an approved legal newspaper in Minnehaha County (e.g., Dakota Scout, Argus Leader, Brandon Valley Journal, Garretson Gazette, or Minnehaha Messenger).
- Bond: A bond may be required unless waived by the will or by the court.
- Hearings: Hearings are typically held at the Minnehaha County Courthouse in Sioux Falls. Check your notice for the specific courtroom assignment.
Always check with the Clerk of Courts for the most current local rules and forms.
Timeline & Fees
Filing Fees (Minnehaha County)
- Probate Filing Fee: approximately $75.00 (SDCL 16-2-29)
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $150-$300 depending on the newspaper and length of notice
- Small Estate Affidavit: No court filing fee if used out of court; recording fees may apply if real estate is involved.
Note: Fees are subject to change. Check with the Clerk of Courts for the current fee schedule.
Payment Methods
The Clerk of Courts accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply).
Estimated Timelines
- Simple estates (informal probate): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period is 3 months from the first date of publication, which sets a minimum timeline for closing the estate.
Local Resources
Minnehaha 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
- Access to Justice (A2J): State Bar A2J Program
Publication
- Dakota Scout: (605) 251-6208 — Legal newspaper for Minnehaha County
- Argus Leader: (605) 331-2200 — Major daily newspaper in Sioux Falls