Probate and Recording Deeds in Minnehaha County (Sioux Falls), South Dakota
Where to file a will or open probate, and where to record a deed, in Minnehaha County (Sioux Falls) — with the state rules that apply.
Probate court
Minnehaha County Circuit Court (Second Judicial Circuit), Clerk of Court
Address: 425 N. Dakota Avenue, Sioux Falls, SD 57104-2470
Phone: 605-367-5900
South Dakota rules that apply
| Small estate affidavit | Personal property: 30 days after death, a successor may collect money owed to the decedent and the decedent's personal property (including bank accounts and securities) by affidavit if the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000, no application or petition for appointment of a personal representative is pending or granted anywhere, and the decedent owes nothing to the Department of Social Services for nursing home or other institutional medical care. Real property: a separate affidavit may be filed with the register of deeds in each county where the land is located, at least 60 days after death, if the decedent's interest in all South Dakota real property is worth no more than $50,000 (non-agricultural land may be valued from the assessment rolls; agricultural land at fair market value), signed by all claiming successors and accompanied by a certified death certificate. The real property affidavit (SDCL 29A-3-1203) was added in 2022. Successors who receive property by affidavit must apply it to liens, allowances, funeral and administration expenses, and creditor claims. Source: SDCL 29A-3-1201; SDCL 29A-3-1203 |
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| Probate steps | 1) Apply or petition to the circuit court for probate of the will and appointment of a personal representative (informal or formal proceedings). 2) Within 14 days after appointment, mail information to heirs and devisees (including the personal representative's name and address, whether bond was filed, and a copy of any admitted will) and give written notice, with the decedent's Social Security number, to the Department of Social Services, certifying to the court that it was received. 3) Publish notice to creditors once a week for three successive weeks and mail notice to known creditors. 4) Prepare an inventory within six months after appointment or nine months after death, whichever is later, and send a copy to any interested person who asks (filing it with the court is optional). 5) Pay claims and expenses, distribute the estate, and close. |
| Signing and recording a deed | Before a deed can be recorded, the person signing it must acknowledge it (for example, before a notary public), or its execution must be proved as provided by law. Deeds are recorded with the register of deeds of the county where the land is located. A real estate transfer fee of 50 cents per $500 of value (or fraction) is paid by the grantor and collected by the register of deeds; exemptions include absolute gifts, transfers for no consideration, nominal-consideration transfers between spouses or between parent and child, and transfers under a decree of distribution in an estate. A Certificate of Real Estate Value (Form PT 56) must be filed with any deed (including quitclaim deeds); probate decrees are exempt. Certificate of value requirements: https://dor.sd.gov/government/register-of-deeds/. |
| Transfer-on-death deed | Yes. South Dakota has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the register of deeds in the county where the property is located before the owner dies. Notice, delivery, acceptance and consideration are not required, and the deed is revocable, but only by a later recorded instrument (a new transfer on death deed, a revocation, or a deed that expressly revokes it) that is acknowledged and recorded before death. After death, the beneficiary records a sworn affidavit of confirmation with the register of deeds, with a certified death certificate and a statement that the Department of Social Services was notified of the death. The statute includes optional forms for the deed, revocation and affidavit of confirmation. |
All South Dakota wills, probate and estate rules · Eviction court and tenant help in Minnehaha County (Sioux Falls)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.