Updated September 7, 2026. Quick answer: South Dakota charges $122.00 total to open a probate estate: a $75.00 filing fee plus a $40.00 automation surcharge and a $7.00 law library fee.
If a trust could save your estate this fee in South Dakota
A living trust avoids probate entirely in South Dakota, which means the estate skips the $75.00 above along with every other cost the court charges once a case is open. LawDepot builds a state-specific one.
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What South Dakota charges to open probate
This is a flat fee in South Dakota: $75.00 is what it costs whether the estate is worth $40,000 or $4,000,000.
| Filing fee | $75.00 |
| Court automation surcharge | $40.00 |
| Law library fee | $7.00 |
| Total to open the estate | $122.00 |
Where this money goes and who sets it
The authority for this figure is South Dakota Unified Judicial System Schedule of Court Costs. In the source’s own words: “Probate / Estate $75.00 $40.00 $7.00 $122.00”
What this fee doesn’t cover
Because South Dakota’s fee is flat, it doesn’t rise as the estate grows, but it also doesn’t shrink for a small, simple estate the way a percentage-based state’s fee would. Either way, this is the court’s own charge just to open the file and issue letters, separate from what an attorney charges to actually handle the estate and separate from any state estate or inheritance tax the estate itself might owe.
Sources
Source: South Dakota Unified Judicial System Schedule of Court Costs.