Back to South Dakota
Aurora County, SD Probate Information
Quick facts
| Topic | Aurora County information |
|---|---|
| Court | The circuit court in Aurora County, with filings handled by the clerk of courts in Aurora County |
| Courthouse address | 401 North Main Street, Plankinton, SD 57368 |
| Mailing address | PO Box 366, Plankinton, SD 57368 |
| Phone | 605-942-7165 |
| Fax | 605-942-7170, for contact only. Fax filing was not established. |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Thursday, closed on Friday |
| Filing fee | $122.00 total court costs, effective July 1, 2026: $75.00 for probate of an estate under SDCL 16-2-29, $40.00 court automation surcharge under SDCL 16-2-39, and $7.00 law library fee under SDCL 14-6-1 |
| Local forms | Aurora County publishes no county-specific probate packet or local cover sheet on its Court Finder page. |
| E-filing status | Represented filings use Odyssey under SDCL 15-6-5(e). Self-represented filers may file electronically but are not required to do so. |
| Case search | eCourts at ecourts.sd.gov requires free registration and shows docket summary information. Public documents are accessed through courthouse public access terminals under SDCL 16-21-8. |
| Remote appearance | The assigned circuit judge decides whether any part of a case can be handled by telephone or video. |
| Website | https://ujs.sd.gov/court-finder/first-judicial-circuit/aurora-county/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Aurora County, identify the assets, debts, beneficiary designations, jointly owned property, and any property that already passes outside a court case. That first review determines whether the family needs letters, whether a court filing is needed at all, and what must be gathered before visiting or mailing papers to Plankinton.
Sunset helps families organize estate settlement before the first filing by using 2,300-institution asset discovery to locate accounts and reduce missed property. That preparation is especially useful in Aurora County because the clerk of courts counter is closed on Friday.
Which court handles jurisdiction
South Dakota has no separate court for decedents' estates: estate settlement is a case class of the circuit court, the state's trial court of general jurisdiction, which sits in all 66 counties, and the papers are filed with the clerk of courts at the Aurora County Courthouse (S.D. Const. art. V, § 1; SDCL 16-6-9(5); SDCL 29A-3-201). The separate county-level trial forum that once shared this work was abolished and its jurisdiction folded into the circuit court (SDCL 16-6-9(7); SDCL ch. 16-9, repealed).
Probate for Aurora County is filed with the clerk of courts at the county courthouse in Plankinton. Aurora County is one of the 14 counties in the First Judicial Circuit, which is how judges and court administration are organized; the case itself is filed at this county's own courthouse (SDCL 16-5-1.2; SDCL 29A-3-201).
Venue for the first informal or formal proceeding is the county of the decedent's domicile at death, or, if the decedent was not domiciled in South Dakota, any county where the decedent's property was located (SDCL 29A-3-201). State law also directs the presiding judge to arrange for a circuit judge to be available to hold court in the county seat of each county in the circuit as necessary (SDCL 16-2-21).
The jurisdiction process
- Confirm that Aurora County is the correct venue. Use the decedent's domicile at death, or, for a person not domiciled in South Dakota, the county where South Dakota property was located (SDCL 29A-3-201).
- Prepare the right starting paper. Informal proceedings use an application to the clerk of court; formal proceedings use a petition to the court after notice (SDCL 29A-1-201(3), 29A-1-201(35); SDCL 29A-3).
- Include the will information. If there is a will, the application must state whether the original will is in the court's possession or accompanies the application, and the filer should ask the clerk of courts how to lodge the original (SDCL 29A-3-301(2)(i)).
- File with the clerk of courts in Aurora County at 401 North Main Street, Plankinton, SD 57368, or mail papers to PO Box 366, Plankinton, SD 57368. The counter is open 8:00 a.m. to 4:30 p.m., Monday through Thursday, and closed on Friday.
- Pay the filing fee. The estate filing is $122.00 total court costs, effective July 1, 2026: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. A fee waiver request is available under SDCL 16-2-29.2.
- Use Odyssey when required. Represented filings use the Odyssey electronic filing system; self-represented filers may file electronically but are not required to do so (SDCL 15-6-5(e)).
- Handle the review or hearing track. In an informal proceeding, the clerk of courts reviews the application, makes the required findings, issues the written statement of informal probate, and appoints the personal representative once at least 120 hours have passed since death (SDCL 29A-3-302, 29A-3-303, 29A-3-307, 29A-3-103). A judge may also perform those acts (SDCL 29A-1-307). Formal proceedings under SDCL 29A-3 are conducted before a judge with notice.
- Ask about any telephone or video request. Whether any part of a case can be handled that way is set by the assigned circuit judge, and the Aurora County clerk of courts can say how to ask.
- Qualify before letters issue. The appointed personal representative must file an acceptance of office and any required bond before receiving letters; a bond is not required unless the court concludes one is in the estate's best interests (SDCL 29A-3-601; SDCL 29A-3-603). Letters testamentary or letters of administration begin administration of the estate (SDCL 29A-3-103).
- Administer and close the estate. Follow the notice, asset, debt, and distribution steps required under SDCL ch. 29A-3, then close by closing statement or by court order of complete settlement when the statutory path fits (SDCL 29A-3-1003; SDCL 29A-3-1001).
Forms and documents
Probate forms in Aurora County
Aurora County publishes no county-specific probate packet or local cover sheet on its Court Finder page. The South Dakota Unified Judicial System publishes form sets and guided interviews for self-represented filers in divorce, custody, name change, guardianship, eviction, small claims and protection-order matters. It does not publish a statewide probate form set, so the application, the will and the supporting papers are prepared by the filer or by a lawyer and brought to the clerk of courts.
One probate-related form is prescribed by South Dakota law for creditors: the Statement of Claim in SDCL ch. 29A-3, Appendix A, tied to SDCL 29A-3-804(a)(1). That is a creditor claim form, not the family filing packet to open an estate.
Local nuance
Aurora County-specific considerations
| Local point | What it means for filing |
|---|---|
| Friday closure | The clerk of courts office is open 8:00 a.m. to 4:30 p.m., Monday through Thursday, and closed on Friday. Call 605-942-7165 before planning a counter visit. |
| Mailing option | Mail can be sent to PO Box 366, Plankinton, SD 57368. Mailing may be the practical choice when a family cannot time a visit around the four-day counter schedule. |
| E-filing option | Represented filings use Odyssey, and self-represented filers may use electronic filing but are not required to do so (SDCL 15-6-5(e)). |
| Court Services is separate | The Court Services office listed for Aurora County is in Chamberlain. Probate filings for Aurora County go to the Aurora County clerk of courts in Plankinton, not to that separate Court Services location. |
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The UJS civil fee schedule took effect showing $122.00 total court costs for an estate filing: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. |
Scenarios
| Scenario | Likely Aurora County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Separate co-owned or beneficiary-designated property from assets that require court authority. If a case must be opened, file with the clerk of courts at 401 North Main Street, Plankinton, or mail to PO Box 366. Call 605-942-7165 first because the office is closed on Friday. | Sunset helps identify accounts, title patterns, and beneficiary designations before the spouse spends time or money on unnecessary filings. |
| Out-of-state adult child with small estate | Review the state page's affidavit routes before opening a case, including the personal property route under SDCL 29A-3-1201. If a filing is needed, a self-represented filer may file electronically but is not required to do so, and may mail papers to PO Box 366, Plankinton, SD 57368 (SDCL 15-6-5(e)). | Sunset organizes the asset list, flags institutions that may require letters, and helps the child decide whether local counsel should be involved. |
| Parent settling predeceased child's estate, home must be sold | A sale ordinarily requires letters testamentary or letters of administration. The clerk of courts in Aurora County can appoint the personal representative once at least 120 hours have passed since death and letters issue after qualification (SDCL 29A-3-302, 29A-3-307, 29A-3-601, 29A-3-103). Budget $122.00 total court costs, effective July 1, 2026, under SDCL 16-2-29, SDCL 16-2-39, and SDCL 14-6-1, and plan any counter visit for Monday through Thursday. | Sunset helps gather the property, debt, and account information needed for a probate packet and can connect the parent with a vetted local probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Aurora County UJS page | Local clerk of courts address, phone, fax, and hours for the Aurora County Courthouse in Plankinton. | https://ujs.sd.gov/court-finder/first-judicial-circuit/aurora-county/ |
| eCourts | Case lookup for public docket summary information. Free registration is required at ecourts.sd.gov, and public documents are viewed through courthouse public access terminals under SDCL 16-21-8. | https://ecourts.sd.gov/ |
| Fee waiver | The UJS fee waiver page explains how to ask to waive the filing fee under SDCL 16-2-29.2. Estate filing costs are $122.00, effective July 1, 2026, under SDCL 16-2-29, SDCL 16-2-39, and SDCL 14-6-1. | https://ujs.sd.gov/self-help/civil-law-help/fee-waivers/ |
| Court staff guidance | Court staff can give general procedure information and check papers for completeness, but they cannot give legal advice or choose words for your filing. | https://ujs.sd.gov/self-help/understanding-the-courts/how-the-court-assists/ |
| SD Law Help | Online intake for nonprofit legal help in South Dakota and local Tribal Nations. It can route an application to the appropriate program. | https://sdlawhelp.org/ |
| East River Legal Services | Aurora County is on East River Legal Services' published eastern county list. Its published practice areas are family, housing, consumer, and public benefits. | 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104; 1-800-952-3015; https://erlservices.org |
| State Bar of South Dakota Lawyer Referral Service | Referral service for finding a South Dakota lawyer. | 800-952-2333; https://findalawyerinsd.com/ |
When to hire an attorney
Counsel makes sense when heirs disagree, the will may be challenged, real property must be sold, creditor issues are unclear, the family needs formal probate under SDCL ch. 29A-3, or an out-of-state personal representative needs local filing support. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps build the asset list for estate settlement by finding accounts, policies, and property leads the family may not already know about.
Generate the probate packet. Sunset turns the family questionnaire, asset list, and known debts into an organized probate packet for review and filing in Aurora County.
Find a local probate attorney. When a lawyer is the right next step, Sunset connects the family with a vetted attorney who can advise on South Dakota procedure and local filing practice.
Sunset is free for families. Families can use Sunset to organize the work, understand next steps, and move through estate settlement without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Aurora County?
File with the clerk of courts in Aurora County at the Aurora County Courthouse, 401 North Main Street, Plankinton, SD 57368. Mail can be sent to PO Box 366, Plankinton, SD 57368. Venue depends on the decedent's domicile or South Dakota property location (SDCL 29A-3-201).
What are the clerk's hours in Plankinton?
The clerk of courts office is open 8:00 a.m. to 4:30 p.m., Monday through Thursday, and closed on Friday. Call 605-942-7165 before making a counter visit.
Do I have to e-file in Aurora County if I am representing myself?
No. Under SDCL 15-6-5(e), represented filings use Odyssey, but self-represented filers may file electronically and are not required to do so. A self-represented filer may bring or mail papers to the clerk of courts.
How much does it cost to file probate in Aurora County?
The estate filing is $122.00 total court costs, effective July 1, 2026: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1.
Are there Aurora County probate forms?
Aurora County publishes no county-specific probate packet or local cover sheet on its Court Finder page. The South Dakota Unified Judicial System does not publish a statewide probate form set, so the application, the will, and supporting papers are prepared by the filer or by a lawyer and brought to the clerk of courts.
Can I look up an Aurora County probate case online?
Use eCourts at ecourts.sd.gov. Free registration is required, and the public access level shows docket summary information. Public documents are accessed through courthouse public access terminals under SDCL 16-21-8.
Will I have to travel to another county for a hearing?
Informal proceedings under SDCL 29A-3 are handled by the clerk of courts without a hearing. Formal proceedings under SDCL 29A-3 are before a judge with notice. State law directs the presiding judge to arrange for a circuit judge to be available to hold court in each county seat in the circuit as necessary, but that is not a guarantee about any particular hearing (SDCL 16-2-21).
Can I appear by phone or video in an Aurora County case?
The assigned circuit judge decides whether any part of a case can be handled by telephone or video. The UJS publishes First Judicial Circuit judge preference information, and the Aurora County clerk of courts can say how to ask.
Who reviews an informal application in Aurora County?
The clerk of courts reviews an informal application, makes the findings state law requires, issues the written statement of informal probate, and appoints the personal representative once at least 120 hours have passed since death (SDCL 29A-3-302, 29A-3-303, 29A-3-307, 29A-3-103). A judge of the circuit court may also perform those acts (SDCL 29A-1-307).
Is there legal aid for Aurora County?
Aurora County is on East River Legal Services' published eastern county list. East River Legal Services is at 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104, and its toll-free number is 1-800-952-3015. Its published practice areas are family, housing, consumer, and public benefits.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.