Overview
Union County is located in South Dakota with a population of approximately 17,402. The Union 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 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 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.
Small Estate Affidavit: If the value of the entire estate (less liens and encumbrances) does not exceed $100,000, successors may use a simplified affidavit process to collect assets 30 days after death (SDCL 29A-3-1201).
Fees: The base filing fee for probate is $75 (SDCL 16-2-29), though additional costs for certified copies and publication will apply.
This guide provides an informational overview of the Union 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
Union County Clerk of Courts
Probate matters in Union County are handled at the Union County Courthouse.
Address: 209 E Main St, Suite 230, Elk Point, SD 57025
Phone: (605) 356-2132
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of Courts office is located on the second floor of the courthouse. The First Judicial Circuit serves Union County.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible to the public during business hours.
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 transfer assets via affidavit 30 days after death without court administration.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with right of survivorship pass directly 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 Union County Clerk of Courts. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Statement of Informal Probate (if proceeding informally)
- Filing fee ($75)
E-filing: Attorneys are required to file electronically via the Odyssey File & Serve system. Self-represented litigants may file in paper or electronically.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a legal newspaper of general circulation in Union County (e.g., Leader-Courier) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. For informal probate, the Clerk/Registrar may issue the Letters without a hearing if all paperwork is in order. Once appointed, the court issues Letters Testamentary or Letters of Administration.
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 6 months of appointment (or 9 months after death).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Statement of Closing or petition for discharge to close the estate.
Local Requirements
Union County-Specific Procedures
- E-filing: Mandatory for attorneys via Odyssey File & Serve; optional for pro se litigants.
- Bond requirements: A bond is generally required unless waived by the will or the court (SDCL 29A-3-603).
- Publication: Notice to creditors must be published in a local legal newspaper such as the Leader-Courier or Dakota Dunes North Sioux City Times.
- Local Rules: Union County is part of the First Judicial Circuit; check circuit-specific rules for courtroom conduct and scheduling.
Timeline & Fees
Filing Fees (Union County)
- Probate Filing Fee: $75.00
- Certified copies of Letters: Approximately $5.00 per copy (fees vary slightly by page count)
- Publication costs: Approximately $100-$200 depending on the newspaper and length of notice
- Small Estate Affidavit: No court filing fee (affidavit is presented to holders of property)
Payment Methods
The court accepts cash, checks, and 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: 9-12 months
- Complex or contested estates: 12 months to 2 years
Creditors have 4 months from the first publication of notice to file claims, which sets the minimum duration for most estates.
Local Resources
Union 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 — Find a Lawyer
- East River Legal Services: 1-800-952-3015 — erlservices.org
Publication
- Leader-Courier: (605) 356-2662 — Legal notices for Elk Point/Union County
- Dakota Dunes North Sioux City Times: (605) 232-4202