Jackson County
Probate Court
In South Dakota, estates are probated in the Circuit Court (Probate Division). This page gathers where to file in Jackson County, the state rules that apply, and where every detail comes from.
Where to file in Jackson County
- Handled by
- Circuit Court (Probate Division)In South Dakota, probate is administered by the Circuit Court in each of the 7 judicial circuits under the South Dakota Uniform Probate Code.
- Location
- Probate filings are made in the county seat, Kadoka. We have not found an open, verifiable address for the office yet — use the county website below.
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- State courts & e-filing
- ujs.sd.govCase search: South Dakota Unified Judicial System Odyssey Public Access
How probate runs in Jackson County
Six stages, with the South Dakota rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. South Dakota deadline: No fixed deadline: custodian must deliver will with reasonable promptness after death on request of an interested person (SDCL § 29A-2-516); formal/informal probate generally within 3 years.
- 02
Pick the right track
If the probate estate is under $100,000, a small-estate procedure (SDCL § 29A-3-1201) may avoid full administration.
- 03
Petition the court
File the petition with the Circuit Court (Probate Division) for Jackson County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 4 months after the date of first publication of notice to creditors.
- 06
Account and distribute
Pay debts, taxes and fees (SDCL § 29A-3-719), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 South Dakota courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
South Dakota rules that apply here
Probate law is state law — these apply in all 66 South Dakota counties.
- Small estates
- $100,000 entire estate less liens and encumbrances (affidavit collects personal property only; not available if decedent owes DSS for Medicaid institutional care)SDCL § 29A-3-1201 · wait 30 days
- Filing the will
- No fixed deadline: custodian must deliver will with reasonable promptness after death on request of an interested person (SDCL § 29A-2-516); formal/informal probate generally within 3 years
- Creditor claims
- 4 months after the date of first publication of notice to creditorsSDCL § 29A-3-801
- Executor fees
- Reasonable compensation (SDCL § 29A-3-719(a) factors); where the will is silent or intestate, default commissions on personal property: 5% first $1,000, 4% next $4,000, 2.5% over $5,000; real property: just and reasonable compensation fixed by courtSDCL § 29A-3-719 · estimate the fee
- Handwritten wills
- Recognized. South Dakota recognizes holographic wills if signature and material provisions are in testator's handwriting (SDCL § 29A-2-502).
- Estate tax
- No state estate tax.South Dakota has no state estate tax.
- Inheritance tax
- No.South Dakota repealed its inheritance tax in 2001.
- Typical duration
- 6 to 9 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: sdlegislature.gov (statute) · sdlegislature.gov (statute) · sdlegislature.gov (statute) · sdlegislature.gov (statute)