South Dakota Executor Bond Requirement

Updated September 7, 2026. Quick answer: In South Dakota, as of a July 1, 2025 amendment, South Dakota does not require a bond of a personal representative by default at all; bond is imposed only if the court concludes it is in the best interests of the estate.

Does South Dakota require an executor to post a bond?

As of a July 1, 2025 amendment, South Dakota does not require a bond of a personal representative by default at all; bond is imposed only if the court concludes it is in the best interests of the estate.

“A bond is not required of a personal representative unless the court concludes that a bond is in the best interests of the estate.”

Source: S.D. Codified Laws § 29A-3-603

Can the will waive it in South Dakota?

Sometimes. The current statute makes no-bond the baseline regardless of the will; the court, not the will, is the trigger for imposing a bond when it finds one is in the estate’s best interest.

Can the heirs or beneficiaries waive it in South Dakota?

Sometimes. No affirmative heir waiver is needed since bond is not required unless the court itself orders it; heirs may petition the court to request a bond be imposed.

If a bond is required, how much?

When a bond is required, South Dakota sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.

“in an amount not less than the estimate”

Source: S.D. Codified Laws § 29A-3-604

What makes South Dakota different

South Dakota recently (2025) moved even further from the older UPC pattern of listing specific exceptions; it now states a flat presumption against bond, with the court’s best-interest finding as the sole gateway to requiring one, rather than tying the analysis to will language or informal/supervised administration type.

Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.