OverviewCourthouse InformationFiling ProcessLocal RequirementsTimeline & FeesLocal ResourcesCounty FormsFAQ

Probate in Union County, South Dakota: 2026 Guide

This guide is for educational purposes only and is not legal advice. Laws change frequently — verify current requirements with the Union County probate court or an attorney.

Last updated: February 15, 2026

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An attorney is generally required for probate in South Dakota

South Dakota courts treat a non-attorney personal representative who files or appears on behalf of an estate as practicing law without a license. In practice, you will need to retain a licensed South Dakota attorney to open and administer formal or informal probate. (The state's Unified Judicial System publishes self-help forms for divorce, guardianship, and small claims — but not for probate, which reflects this barrier.)

Paths you may be able to handle yourself

If the entire estate is $100,000 or less (less liens and encumbrances) and at least 30 days have passed since death, you can usually collect the assets yourself with a small estate affidavit — presented directly to banks and other holders, with no court filing and no attorney required.

How SwiftProbate helps

SwiftProbate helps you organize the death certificate, will, and asset records, understand each step, track the 4-month creditor-claim deadline, check whether your estate qualifies for the small-estate affidavit, and prepare for a first meeting with an attorney (what to bring and what to ask).

This is general information, not legal advice. Confirm requirements with the South Dakota probate court or a licensed attorney.

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

Legal Aid and Attorney Referrals

Publication

  • Leader-Courier: (605) 356-2662 — Legal notices for Elk Point/Union County
  • Dakota Dunes North Sioux City Times: (605) 232-4202

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County Forms

Application for Informal Probate and Appointment of Personal Representative (Form 3-301A)

The document filed to open informal probate and appoint a personal representative (statutory form, SDCL Title 29A appendix). South Dakota does not publish a fillable statewide probate PDF on its self-help site — obtain the current forms from the Clerk of Courts where the case is filed (UJS Legal Form Help Line: 1-855-784-0004).

Small Estate Affidavit — Collection of Personal Property (SDCL 29A-3-1201)

Affidavit to collect personal property without probate when the estate qualifies (generally $100,000 or less). South Dakota does not mandate a single official statewide form; the affidavit must satisfy the statutory requirements.

South Dakota Forms & File Search

The Unified Judicial System's searchable index of court forms and filing information.

Frequently Asked Questions

Where do I file for probate in Union County?
File at the Union County Clerk of Courts office, 209 E Main St, Suite 230, Elk Point, SD 57025.
How much does probate cost in Union County?
The initial filing fee is $75. Publication costs typically run between $100 and $200.
Can I avoid probate in Union County with a small estate?
Yes, if the estate is valued at $100,000 or less, you may use a Small Estate Affidavit 30 days after death.
How long does probate take in Union County?
Simple estates typically take 6-9 months. The creditor claim period requires the estate to be open for at least 4 months after notice publication.
Do I need an attorney for probate in Union County?
South Dakota generally requires a licensed attorney to administer formal or informal probate, because courts treat a non-attorney acting on behalf of an estate as the unauthorized practice of law; the main do-it-yourself exception is the small estate affidavit for estates of $100,000 or less. Attorneys must e-file documents.

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Informational guidance only — not legal advice

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Probate laws and local court rules in Union County, South Dakota may change without notice. Consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.

Related Resources

State GuideProbate in South DakotaCounty GuideProbate in Minnehaha CountyCounty GuideProbate in Pennington CountyCounty GuideProbate in Lincoln County