Dying without a will in South Dakota: intestate succession & what happens
With no will, South Dakota's intestate succession statute (SDCL § 29A-2-102) determines who inherits, and the court appoints a personal representative. The small-estate affidavit still applies. Kindred handles the administration either way.
- With no will, South Dakota's intestate succession statute (SDCL § 29A-2-102) determines who inherits, and the court appoints a personal representative. The small-estate affidavit still applies. Kindred handles the administration either way.
- South Dakota allows self-representation in probate — Kindred handles the administrative work for a flat fee.
- The court appoints an administrator instead of an executor when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
Do I need a lawyer for probate in South Dakota?
No — South Dakota's informal probate under the Uniform Probate Code is designed to be handled by the personal representative without an attorney. Kindred handles the administrative work for a flat fee. If a dispute arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.
How much does probate cost in South Dakota?
No statutory percentage fee — attorneys typically bill $200-$350/hour or a flat fee. Filing fees run about $100-$150. Estates under $50,000 can use a small-estate affidavit. These are illustrative figures.
How long does probate take in South Dakota?
An informal probate typically runs 6 to 12 months. Creditors have 4 months from publication of notice to file claims.
Last verified July 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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