States / South Dakota
After a death in South Dakota
Where to look for a will, who to ask and where to search for money in South Dakota.
The will
Which court handles probate
The clerk of court (county circuit court) receives probate applications.
"Applications for informal probate or informal appointment shall be directed to the clerk of court"
What to do with the original will
After the death, on request of an interested person, whoever has custody of the will must deliver it with reasonable promptness to an appropriate court or to a person able to secure probate. Willful failure makes the person liable for damages.
"a person having custody of a will of the testator shall deliver it with reasonable promptness"
SDCL 29A-2-516. Read the source.
Wills deposited during life
A testator or the testator's agent may deposit a sealed will with any court for safekeeping; it stays confidential and is delivered after death to the person the testator designated, or to the appropriate court.
"A will may be deposited by the testator or the testator's agent with any court for safekeeping."
SDCL 29A-2-515. Read the source.
Opening a safe deposit box
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Searching for a will or case
Ask the clerk of court in the county where the person lived whether a will was deposited or filed.
"Upon being informed of the testator's death, the court shall notify any person designated to receive the will"
Unclaimed money
South Dakota State Treasurer
"There is no charge for inquiring about a property or filing a claim."
Instructions for heirs and estates
Source, checked 2026-10-15.
Small estates
A small estate may be able to skip full probate. What counts differs, so check with the court before you rely on a limit.
Collection of personal property by affidavit
Limit $100,000. Wait 30 days.
SDCL §29A-3-1201. Read the rule.
Death certificates
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First copy $15.00, more copies in the same order $15.00 each. Listed spouse/child, parent/guardian, next of kin, authorized/designated agent or applicant with a personal/property right; identification required.
Order from the state. Online vendors add fees.
State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.