Finding a will or probate case in South Dakota
Who holds it: Circuit court (Clerk of Courts in each county) handles probate under the Uniform Probate Code1
On this page
Search
Probate case summaries via eCourts (free registration) or courthouse public terminals; contact the county Clerk of Courts for files2
Fees
- Fees
- $75 to probate an estate; $2 for safekeeping or filing a will3
More details
- Deposited wills
- Wills deposited with a court for safekeeping are sealed and confidential during the testator's lifetime4
Related records in South Dakota
- Courts: court system
- Unified Judicial System: Supreme Court plus circuit courts (trial courts, seven judicial circuits) with magistrate courts handling misdemeanors, minor civil and small claims; records kept by the county Clerk of Courts5
- Courts: statewide case search
- PARS (Public Access Record Search) ujspars.sd.gov - summaries of public criminal cases (1989-present unless sealed) and protection orders, $20 per search; eCourts ecourts.sd.gov - free registration, case summaries by party name or case number; Civil Money Judgment search ujsjudgmentquery.sd.gov; public access terminals in every courthouse6
- Courts: fees
- Statewide record search by mail/email form: $20 per name (criminal from Jan 1989, civil from Jan 2006); $5 if certified as for a pending cause of action; no fee for named parties, legal representatives and qualified agencies. Clerk fees: $15 for an authenticated/exemplified copy; civil money judgment web search $4 per name/date search7
- Death certificates: who holds it
- DOH Vital Records holds originals for all deaths after 1905; county Register of Deeds keeps copies for deaths in that county8
- Death certificates: fee
- $15 per certified or informational copy9
How South Dakota handles it
- Probate is in circuit court (Clerk of Courts), not a separate probate court1
Probate and wills in South Dakota counties with a full guide
The local office, its official online search and its own fee, for each county with a full guide. Local fees can differ from the statewide figures above.
| County | Office | Search online | Fee |
|---|---|---|---|
| Minnehaha County | Minnehaha County Clerk of Courts10 | — | — |
| Pennington County | Probate records are held by the Clerk of Courts Office11 | — | — |
For any other county, see the county list on the South Dakota guide.
Official copies vs look-alike sites
A certified copy comes only from the office that holds the record; reports and "research copies" sold by commercial sites are not issued by any South Dakota office. How to tell an official record source from a paid look-alike.
Rules in other states: probate records and wills in every state. Everything else in South Dakota: South Dakota public records guide.
Sources
Every fact above links to the official page it comes from; all 11 sources were checked on November 4, 2026. Fees and rules change, so check the office's own page before you pay or travel.
- SDCL § 29A-1-201 Uniform Probate Code definitionsSouth Dakota Legislature (SDCL)
- Cases and RecordsSouth Dakota Unified Judicial System
- SDCL § 16-2-29 Fees charged by clerk of courtsSouth Dakota Legislature (SDCL)
- SDCL § 29A-2-515 Deposit of will with courtSouth Dakota Legislature (SDCL)
- Court StructureSouth Dakota Unified Judicial System
- Court Records SearchSouth Dakota Unified Judicial System
- SDCL § 16-2-29.5 Records search feeSouth Dakota Legislature (SDCL)
- Genealogy ResourcesSouth Dakota Department of Health
- Vital Records FeesSouth Dakota Department of Health
- Minnehaha County court pageSD Unified Judicial System
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