FAQs for South Dakota Probate

Probate laws vary state to state, so it is important that you understand the laws in your state.  There are key differences that make dealing with probate in South Dakota unique.

1. Can Probate be avoided in South Dakota?

In South Dakota, you can avoid Probate if you set up a trust for all of your assets. If there is no trust or other plans, the estate will enter the probate process in South Dakota, which can be a long process.

https://www.nolo.com/legal-encyclopedia/south-dakota-avoiding-probate-31697.html

2. How long does Probate Take in South Dakota?

The probate process in South Dakota can be frustratingly long. It can take anywhere from 9 months to over 2 years, depending upon the complexity of the estate, the number of heirs, and the speed of the local court administering the case. If the Will is being contested, probate can drag on for even longer – sometimes taking several years. And that was pre-pandemic, so now we are seeing more delays. ProbateCash can get you funded long before the probate process is completed.

3. How can I speed up the probate process in South Dakota?

Unfortunately, there is no real way to speed up the probate process, as it is required to go through the Courts, which are currently backlogged. However, ProbateCash can be the ideal solution to access a portion of your inheritance while you wait for the estate to close and disburse. The experienced professionals at ProbateCash can guide you through the process, making it easy to get the money you need as quickly as the same day.

4. Can I get a Probate Advance in South Dakota?

Yes. ProbateCash works in all fifty states and in all of South Dakota’s counties, including, but not limited to the following:

• Aurora County, SD
• Beadle County, SD
• Bennett County, SD
• Bon Homme County, SD
• Brookings County, SD
• Brown County, SD
• Brule County, SD
• Buffalo County, SD
• Butte County, SD
• Campbell County, SD
• Charles Mix County, SD
• Clark County, SD
• Clay County, SD
• Codington County, SD
• Corson County, SD
• Custer County, SD
• Davison County, SD
• Day County, SD
• Deuel County, SD
• Dewey County, SD
• Douglas County, SD
• Edmunds County, SD
• Fall River County, SD
• Faulk County, SD
• Grant County, SD
• Gregory County, SD
• Haakon County, SD
• Hamlin County, SD
• Hand County, SD
• Hanson County, SD
• Harding County, SD
• Hughes County, SD
• Hutchinson County, SD
• Hyde County, SD
• Jackson County, SD
• Jerauld County, SD
• Jones County, SD
• Kingsbury County, SD
• Lake County, SD
• Lawrence County, SD
• Lincoln County, SD
• Lyman County, SD
• Marshall County, SD
• McCook County, SD
• McPherson County, SD
• Meade County, SD
• Mellette County, SD
• Miner County, SD
• Minnehaha County, SD
• Moody County, SD
• Pennington County, SD
• Perkins County, SD
• Potter County, SD
• Roberts County, SD
• Sanborn County, SD
• Shannon County, SD
• Spink County, SD
• Stanley County, SD
• Sully County, SD
• Todd County, SD
• Tripp County, SD
• Turner County, SD
• Union County, SD
• Walworth County, SD
• Yankton County, SD
• Ziebach County, SD

5. Does South Dakota have an estate tax?

No, South Dakota does not have an estate tax. The following states do have an estate tax:

• Connecticut
• Illinois
• Maine
• Maryland
• Minnesota
• New York
• Oregon
• Rhode Island
• Vermont
• Washington (state)

6. Does South Dakota have an inheritance tax?

No, South Dakota does not have an inheritance tax. The following states do have an inheritance tax.

• Iowa
• Kentucky
• Maryland
• Nebraska
• New Jersey
• Pennsylvania