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Bon Homme County, SD Probate Information
Quick facts
| Item | Bon Homme County information |
|---|---|
| Court and clerk | The circuit court in Bon Homme County, with filings handled by the clerk of courts at the Bon Homme County Courthouse. |
| Courthouse address | 300 W. 18th Avenue, Tyndall, SD 57066-0006. |
| Mailing address | PO Box 6, Tyndall, SD 57066-0006. |
| Phone | 605-589-4215. |
| Fax | 605-589-4245. Use it as a contact detail only, not as permission to submit filings by fax. |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday. Call before going to confirm current hours. |
| Judicial circuit | First Judicial Circuit (SDCL 16-5-1.2). |
| Filing fee | Effective July 1, 2026, opening a probate estate costs $122.00 in total court costs: $75.00 for the probate of an estate (SDCL 16-2-29), $40.00 court automation surcharge (SDCL 16-2-39), and $7.00 county law library fee (SDCL 14-6-1). |
| Local probate packet | Bon Homme County's UJS page does not list a county-specific probate packet or local cover sheet. |
| E-filing | Represented parties file through the Odyssey electronic filing system with the clerk of the court. Self-represented parties may file electronically, but are not required to file electronically (SDCL 15-6-5(e)). |
| Case lookup | South Dakota eCourts provides docket summaries for public cases after free registration at ecourts.sd.gov. The public tier does not include online document viewing. |
| Remote appearance | The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the clerk of courts in Bon Homme County how to request it. |
| Website | https://ujs.sd.gov/court-finder/first-judicial-circuit/bon-homme-county/ |
Before you begin — know the assets and liabilities
Before you file in Bon Homme County, make a working list of the decedent's accounts, real estate, debts, beneficiary designations, co-owned property, and any original will. The filing path depends on what is actually in the estate and who has priority to act.
Sunset's 2,300-institution asset discovery helps families find accounts before they choose an estate settlement path. That search can prevent filing too broadly, missing a payable-on-death asset, or asking the clerk of courts for letters before the family knows what authority is needed.
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 Bon Homme 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).
Bon Homme County is one of the 14 counties in the First Judicial Circuit, along with Aurora, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, McCook, Turner, Union, and Yankton (SDCL 16-5-1.2). The circuit structure organizes judges and court administration, but Bon Homme County filings are taken by the clerk of courts at the Bon Homme County Courthouse in Tyndall.
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent was domiciled 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, but that is not a guarantee about where every hearing will occur (SDCL 16-2-21).
The jurisdiction process
- Choose the correct opening paper. Use an application for informal probate or informal appointment when the matter fits the clerk of court process, and use a petition for formal probate when a judge must act after notice and hearing (SDCL 29A-1-201(3), (18), (22), (35); SDCL ch. 29A-3).
- Prepare the local filing set. Bon Homme County's UJS page does not list a county-specific probate packet, so prepare the application or petition, death certificate, any original will information required by the application, proposed appointment papers, and any supporting documents.
- File with the clerk of courts in Bon Homme County. Bring papers to 300 W. 18th Avenue, Tyndall, SD 57066-0006, or mail them to PO Box 6, Tyndall, SD 57066-0006. Call 605-589-4215 before filing to ask how the office wants any original will delivered.
- Use the correct filing method. Represented parties file through the Odyssey electronic filing system with the clerk of the court, while self-represented parties may file electronically but are not required to file electronically (SDCL 15-6-5(e)).
- Pay the opening cost or request a waiver. Effective July 1, 2026, opening a probate estate costs $122.00 in total court costs, made up of $75.00 for the probate of an estate (SDCL 16-2-29), $40.00 court automation surcharge (SDCL 16-2-39), and $7.00 county law library fee (SDCL 14-6-1). A filer who cannot afford the cost may use the fee waiver process under SDCL 16-2-29.2.
- For an informal filing, wait for clerk action. In an informal proceeding, the clerk of courts reviews the application, makes the required findings, issues a 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). A judge of the circuit court may also perform those acts (SDCL 29A-1-307).
- For a formal filing, follow the hearing instructions from the court. Formal proceedings are before a judge with notice to interested persons (SDCL 29A-1-201(18); SDCL ch. 29A-3). Whether any appearance can be handled by telephone or video is set by the assigned circuit judge.
- Qualify and obtain letters. Before receiving letters, the personal representative must qualify by filing an acceptance of office and any required bond; 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). Administration begins when letters testamentary or letters of administration are issued (SDCL 29A-3-103).
- Give required notices and administer the estate. The personal representative gives appointment information to heirs and devisees not later than fourteen days after appointment, and also gives the State Department of Social Services in Pierre the information required by statute without filing social security numbers in the court file (SDCL 29A-3-705). A personal representative may publish notice to creditors once a week for three successive weeks in a legal newspaper, and shall give written notice to known or reasonably ascertainable creditors as provided by statute (SDCL 29A-3-801; SDCL 29A-3-803).
- Close the estate when administration is complete. The personal representative may close by sworn closing statement after the statutory waiting period, or an interested person may seek an order of complete settlement when that route is appropriate (SDCL 29A-3-1003; SDCL 29A-3-1001).
Forms and documents
Probate forms in Bon Homme County
Bon Homme County's UJS page does not list a county-specific probate packet or local cover sheet. 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.
South Dakota law does prescribe a Statement of Claim form for creditors in SDCL ch. 29A-3, Appendix A, and a claimant may file a written statement of claim with the clerk of the court (SDCL 29A-3-804(a)(1)). That is not the opening packet for a family member seeking appointment as personal representative.
Local nuance
Bon Homme County-specific considerations
| Local point | What to do |
|---|---|
| Earlier counter close | The clerk of courts in Bon Homme County lists hours as 8:00 a.m. to 4:30 p.m., Monday through Friday. Call 605-589-4215 before traveling or mailing time-sensitive papers. |
| Mailing option | The UJS page lists PO Box 6, Tyndall, SD 57066-0006, as the mailing address for the clerk of courts in Bon Homme County. |
| Separate Court Services listing | The Court Services office listed for Bon Homme County is located in Yankton at 410 Walnut Street Suite 203. That office is a separate function and is not the filing address for a Bon Homme County estate case. |
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The Unified Judicial System Schedule of Court Costs took effect for civil filings. It lists $122.00 in total court costs to open a probate estate, made up of $75.00 for the probate of an estate (SDCL 16-2-29), $40.00 court automation surcharge (SDCL 16-2-39), and $7.00 county law library fee (SDCL 14-6-1). |
Page last reviewed: August 2026.
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating assets that pass by co-ownership or beneficiary designation from assets that need court authority. If a Bon Homme County estate must be opened, file with the clerk of courts at 300 W. 18th Avenue, Tyndall, SD 57066-0006, or mail papers to PO Box 6, Tyndall, SD 57066-0006. Call 605-589-4215 first to ask how to deliver any original will. | Sunset helps identify accounts, deeds, loans, and beneficiary designations so the spouse can see what belongs in the estate settlement before filing. |
| Out-of-state adult child with small estate (SDCL 29A-3-1201) | Check the South Dakota state guidance on the personal-property affidavit route before opening a Bon Homme County case. If a filing is needed, a self-represented filer may file electronically but is not required to file electronically, and may mail papers to PO Box 6, Tyndall, SD 57066-0006 (SDCL 15-6-5(e)). | Sunset helps organize assets and debts, then helps generate the packet or connect with a South Dakota attorney when the child should not handle the filing alone. |
| Parent settling predeceased child's estate, home must be sold | A sale normally requires an appointed personal representative holding letters. File with the clerk of courts in Bon Homme County at 300 W. 18th Avenue, Tyndall, SD 57066-0006, or by mail to PO Box 6. The clerk of courts appoints the personal representative once at least 120 hours have passed since death and issues letters testamentary or letters of administration once the personal representative has qualified (SDCL 29A-3-302; SDCL 29A-3-307; SDCL 29A-3-601; SDCL 29A-3-103). Effective July 1, 2026, budget $122.00 in total court costs (SDCL 16-2-29; SDCL 16-2-39; SDCL 14-6-1). | Sunset helps collect the asset picture, build the filing packet, and find a local probate attorney if a sale, creditor issue, or family disagreement makes representation important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Bon Homme UJS page | Lists the clerk of courts address, mailing address, phone, fax, and hours for Bon Homme County estate filings. | https://ujs.sd.gov/court-finder/first-judicial-circuit/bon-homme-county/ |
| South Dakota eCourts | Shows docket summaries for public cases after free registration. Public document viewing is handled at courthouse public access terminals under SDCL 16-21-8. | https://ecourts.sd.gov/ |
| Fee waiver forms | A filer who cannot afford the effective July 1, 2026, $122.00 total court costs may use the Motion, Affidavit, and Order to Waive Filing Fee and Service of Process Fee process (SDCL 16-2-29; SDCL 16-2-29.2). | https://ujs.sd.gov/self-help/civil-law-help/fee-waivers/ |
| How the court assists | Court staff can provide general information about court rules, procedures, and practices, and can check papers for signatures, notarization, correct county name, and correct case number. Court staff cannot give legal advice or tell you what words to use. | https://ujs.sd.gov/self-help/understanding-the-courts/how-the-court-assists/ |
| SD Law Help | Online intake that routes applications to an appropriate nonprofit legal services program. It is a screening route, not a promise of representation in an estate matter. | https://sdlawhelp.org |
| East River Legal Services | Bon Homme County is on East River Legal Services' published eastern county list. Its published practice areas do not establish that it accepts estate administration matters. | 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104. Toll-free 1-800-952-3015. https://erlservices.org |
| State Bar of South Dakota Lawyer Referral Service | Helps families look for a South Dakota lawyer when the estate needs legal advice or representation. | 800-952-2333. https://findalawyerinsd.com |
When to hire an attorney
A lawyer is especially useful when family members disagree about who should serve, a home or farmland must be sold, creditors may be disputed, a will problem is likely, or the personal representative is outside South Dakota and wants someone local to manage court steps. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families build an asset list before deciding whether Bon Homme County estate settlement needs court authority.
Generate the probate packet. Sunset turns the estate information into an organized filing packet for the clerk of courts or for attorney review, using the South Dakota terms for a personal representative, letters testamentary, and letters of administration (SDCL 29A-3-103).
Find a local probate attorney. When a Bon Homme County estate involves a home sale, creditor questions, or a dispute, Sunset can connect the family with a local lawyer instead of leaving them to search alone.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets, prepare next steps, and decide when legal help is needed without paying Sunset.
Frequently asked questions
Where do I file probate in Bon Homme County?
File with the clerk of courts at the Bon Homme County Courthouse, 300 W. 18th Avenue, Tyndall, SD 57066-0006. The mailing address is PO Box 6, Tyndall, SD 57066-0006. Venue depends on the decedent's domicile at death, or, for a non-South Dakota decedent, a county where the decedent's property was located (SDCL 29A-3-201).
What are the clerk's hours in Bon Homme County?
The clerk of courts lists hours as 8:00 a.m. to 4:30 p.m., Monday through Friday. Call 605-589-4215 before going to confirm the current schedule.
Do I have to e-file in Bon Homme County if I am handling this myself?
Represented parties file through the Odyssey electronic filing system with the clerk of the court. Self-represented parties may file electronically, but are not required to file electronically (SDCL 15-6-5(e)).
How much does it cost to file probate in Bon Homme County?
Effective July 1, 2026, opening a probate estate costs $122.00 in total court costs: $75.00 for the probate of an estate (SDCL 16-2-29), $40.00 court automation surcharge (SDCL 16-2-39), and $7.00 county law library fee (SDCL 14-6-1). If you cannot afford the cost, ask about the fee waiver process under SDCL 16-2-29.2.
Are there Bon Homme County probate forms?
Bon Homme County's UJS page does not list a county-specific probate packet. The South Dakota Unified Judicial System publishes self-represented form sets for several civil matters, but it does not publish a statewide probate form set for opening an estate, so the application, will, and supporting papers are prepared by the filer or by a lawyer.
Can I look up a Bon Homme County probate case online?
Use South Dakota eCourts at ecourts.sd.gov. Free registration is required, and the public view provides docket summaries rather than online document viewing. Public document viewing for open court records is available at courthouse public access terminals during regular business hours (SDCL 16-21-8).
Will I have to travel to another county for a hearing in a Bon Homme County estate?
Many informal proceedings are handled by the clerk of court without advance notice to interested persons (SDCL 29A-1-201(22); SDCL ch. 29A-3). If a hearing is needed, state law 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, but that is not a guarantee for every case (SDCL 16-2-21).
Can I appear by phone or video in a Bon Homme County probate case?
The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the clerk of courts in Bon Homme County how to make the request.
Who reviews an informal application in Bon Homme County?
In an informal proceeding, the clerk of courts reviews the application, makes the findings required by state law, 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; SDCL 29A-3-303; SDCL 29A-3-307). A judge of the circuit court may also perform those acts (SDCL 29A-1-307).
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.