Overview
Perkins County is located in South Dakota with a population of approximately 2,835. The Perkins 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 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 procedure for small estates. If the value of the entire estate, less liens and encumbrances, does not exceed $100,000, successors may use an Affidavit for Collection of Personal Property after a 30-day waiting period, avoiding full probate court proceedings.
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 Perkins 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
Perkins County Clerk of Courts
Probate matters in Perkins County are handled at the Perkins County Courthouse.
Address: 101 Main Street, PO Box 426, Bison, SD 57620
Phone: (605) 244-5626
Hours: Monday through Friday, 9:00 AM to 12:00 PM and 1:00 PM to 4:00 PM
The Clerk of Courts office is located within the county courthouse in Bison. They accept filings for probate, small estates, and guardianship matters.
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.
- Joint Tenancy & Beneficiary Designations: Assets held in joint tenancy or with direct beneficiary designations (like life insurance or payable-on-death accounts) generally bypass probate.
- 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 Perkins County Clerk of Courts. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($75.00)
- Statement of Addresses of Heirs and Devisees
South Dakota allows for both informal and formal probate proceedings depending on the level of court supervision required.
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 statute for the type of probate).
- Publish notice to creditors in a newspaper of general circulation in Perkins County, such as the Bison Courier, 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 4 months from the date of first publication to file claims)
- Inventory and appraise all estate assets within a reasonable time (typically 3 months)
- Pay valid creditor claims and estate expenses
- 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
Perkins County-Specific Procedures
- Filing Method: Paper filing is standard; check with the Clerk for current e-filing availability (Odyssey File & Serve is used in many SD counties).
- Bond: A bond may be required unless waived by the will or the court.
- Publication: Notice to creditors must be published in a legal newspaper in the county, such as the Bison Courier.
- Local Forms: The South Dakota Unified Judicial System provides standard probate forms valid in Perkins County.
Always check with the Clerk of Courts for any specific local rules regarding scheduling or document formatting.
Timeline & Fees
Filing Fees (Perkins County)
- Probate Filing Fee: $75.00
- Certified copies of Letters: approximately $5.00 per certified copy (plus copy fees)
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
- Small Estate Affidavit: Generally no court filing fee if used out of court; recording fees may apply if recorded with Register of Deeds.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estate Affidavit: Minimum 30-day waiting period after death.
- Simple estates: 6-9 months (includes 4-month creditor claim period).
- Complex or contested estates: 12 months to several years.
The 4-month creditor claim period begins after the first publication of notice, which is a primary factor in the timeline.
Local Resources
Perkins 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
- Dakota Plains Legal Services: (605) 859-2582
Publication
- Bison Courier: (605) 244-7199 — Weekly legal newspaper for Perkins County