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Butte County, SD Probate Information
Quick facts
| Item | Butte County information |
|---|---|
| Court | The circuit court in Butte County, Fourth Judicial Circuit (SDCL 16-5-1.2) |
| Courthouse address | 839 5th Ave., Belle Fourche, SD 57717 |
| Mailing address | PO Box 250, Belle Fourche, SD 57717 |
| Phone | 605-892-2516 |
| Fax | 605-892-2836 |
| No clerk of courts email is published for Butte County. | |
| Hours | 7:30 a.m. to 5:00 p.m., Monday through Friday |
| Filing fee | As of July 1, 2026, $122.00 total: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. |
| Local forms | Butte County's UJS page does not publish a county-specific probate packet or local cover sheet. The Unified Judicial System does not publish a statewide probate form set. |
| E-filing | Attorneys file through the Odyssey electronic filing system with the clerk of the court. A self-represented filer may use electronic filing or may bring papers to the clerk of courts counter (SDCL 15-6-5(e)). |
| Case lookup | eCourts at https://ecourts.sd.gov requires free registration and shows public docket summaries. Filed documents for public cases can be read at a courthouse public access terminal (SDCL 16-21-8). |
| Remote appearance | The assigned circuit judge decides whether telephone or video will be used. Ask the Butte County clerk of courts how to request it. |
| Website | https://ujs.sd.gov/court-finder/fourth-judicial-circuit/butte-county/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Butte County, list the assets, debts, beneficiaries, and any real estate tied to the estate settlement. Venue depends on the decedent's domicile at death or, for a nonresident decedent, where South Dakota property was located (SDCL 29A-3-201).
Sunset's asset discovery searches more than 2,300 institutions so families can find accounts before preparing papers for the Belle Fourche courthouse. A clearer asset picture also helps you decide whether you need a personal representative and whether an attorney should review the plan.
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 Butte 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 Butte County is filed with the clerk of courts at the county courthouse in Belle Fourche. Butte County is one of the 8 counties in the Fourth 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 testacy or appointment proceeding is in Butte County if the decedent was domiciled there at death. If the decedent was not domiciled in South Dakota, venue may be in any South Dakota county where the decedent had property at death (SDCL 29A-3-201).
The jurisdiction process
- Choose the filing path. For an informal proceeding under SDCL 29A-3, prepare an application for the clerk of court. For a formal proceeding under SDCL 29A-3, prepare a petition for a judge after notice.
- Prepare the will, death certificate, proposed personal representative information, asset information, and any supporting papers. The Unified Judicial System does not publish a statewide probate form set, and Butte County's UJS page does not publish a county-specific probate packet.
- File with the clerk of courts at 839 5th Ave., Belle Fourche, SD 57717, or mail papers to PO Box 250, Belle Fourche, SD 57717. Attorneys file through Odyssey; a self-represented filer may use electronic filing or the counter (SDCL 15-6-5(e)).
- Pay the court costs. As of July 1, 2026, the estate filing is $122.00 total: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. If you cannot afford the filing fee, ask about a motion to waive fees under SDCL 16-2-29.2.
- For an informal application, the clerk of courts reviews the application and may issue the written statement of informal probate or appoint the personal representative after one hundred twenty hours have passed since death (SDCL 29A-3-302, 29A-3-303, 29A-3-307). A judge may also perform acts assigned to the clerk of court (SDCL 29A-1-307).
- If the case needs a judge, the clerk will tell you how scheduling is handled in Butte County. Whether any telephone or video appearance is allowed is set by the assigned circuit judge.
- After appointment and qualification, letters testamentary or letters of administration begin administration of the estate (SDCL 29A-3-103). Those letters are what banks, buyers, and other institutions usually ask to see before dealing with the personal representative.
- The personal representative gives the required appointment information to heirs and devisees and the State Department of Social Services in Pierre within fourteen days, as required under SDCL 29A-3. Written creditor notice goes to known or reasonably ascertainable creditors, and publication may be used to set the published-claims period (SDCL 29A-3-801).
- Administer the estate, pay valid expenses and claims, distribute remaining property, and close by the available closing procedure. A closing statement is available only after the statutory timing rules are met (SDCL 29A-3-1003).
Forms and documents
Probate forms in Butte County
Butte County's UJS page does not publish a county-specific probate packet or local cover sheet. Call the clerk of courts before filing if you are unsure what the office expects in addition to the application or petition, the will if there is one, and supporting papers.
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.
A creditor may use the statement of claim form prescribed in SDCL ch. 29A-3, Appendix A, and a fee-waiver request is handled through the fee-waiver process under SDCL 16-2-29.2. Those are not a complete family probate packet.
Local nuance
Butte County-specific considerations
| Local point | What it means |
|---|---|
| Early counter opening | The Butte County clerk of courts lists public hours of 7:30 a.m. to 5:00 p.m., Monday through Friday. If you plan to file in person, the Belle Fourche counter opens at 7:30 a.m. |
| Fourth Judicial Circuit proposal | Butte County is in the Fourth Judicial Circuit (SDCL 16-5-1.2). A UJS administrative combination proposal involving the Fourth and Seventh Judicial Circuits is open for public comment through Oct. 1, 2026, and the UJS states that it would not close local clerk of courts offices or change office hours. |
Recent updates
| Date | Update | Why it matters in Butte County |
|---|---|---|
| August 2026 | The UJS State Court Administrator's Office proposed an administrative combination of the Fourth and Seventh Judicial Circuits. No final decision has been made, and public comment is open through Oct. 1, 2026. | Butte County is in the Fourth Judicial Circuit (SDCL 16-5-1.2). The UJS states that the proposal would not close clerk of courts or court services offices and would not change office hours. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Butte County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the home was titled and whether any asset still needs a personal representative. If a case is needed, file with the clerk of courts at 839 5th Ave. in Belle Fourche or mail to PO Box 250. | Sunset helps identify accounts, debts, and title issues so the surviving spouse can decide whether court authority is needed for the estate settlement. |
| Out-of-state adult child with small estate | Check the statewide personal-property affidavit route under SDCL 29A-3-1201 before opening a case. If a Butte County case is needed, use mail, the counter, or electronic filing if you choose that route as a self-represented filer under SDCL 15-6-5(e). | Sunset helps gather institution details and organize the asset list before you call the Belle Fourche clerk of courts or decide whether to ask a lawyer. |
| Parent settling predeceased child's estate, home must be sold | A real estate sale often requires letters testamentary or letters of administration before a buyer, title company, or institution will work with the personal representative (SDCL 29A-3-103). File the needed papers with the Butte County clerk of courts. | Sunset helps find assets, generate an organized probate packet, and connect the family with a local attorney when a sale or title issue makes review important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Butte County clerk of courts | Accepts filings for the circuit court in Butte County, answers procedural questions, and can explain how to ask about scheduling or telephone and video options. Court staff cannot give legal advice or choose words for your papers. | 839 5th Ave., Belle Fourche, SD 57717. Phone: 605-892-2516. Fax: 605-892-2836. |
| SD Law Help | Single intake front door for nonprofit legal aid screening. Whether a decedents' estate matter is accepted is something to ask during intake. | https://sdlawhelp.org |
| State Bar of South Dakota Lawyer Referral Service | Helps families look for a South Dakota lawyer. | https://findalawyerinsd.com. Phone: 800-952-2333. |
| UJS Legal Form Help Line | Answers questions about UJS forms and cannot provide legal advice. The Unified Judicial System does not publish a statewide probate form set. | 1-855-784-0004 |
| eCourts and courthouse terminal access | eCourts at https://ecourts.sd.gov requires free registration and shows docket summaries for public cases. Publicly available filed documents can be read at a courthouse public access terminal (SDCL 16-21-8; SDCL ch. 15-15A). | https://ecourts.sd.gov |
When to hire an attorney
Consider counsel if family members disagree, the will may be challenged, the estate includes a home that must be sold, a creditor issue is unclear, a formal proceeding is needed under SDCL 29A-3, or you are unsure how to prepare an application or petition without a statewide form set. When counsel makes sense, Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions to help families find bank, investment, retirement, insurance, and other accounts that may belong in the estate settlement.
Generate the probate packet. Sunset organizes the information families need for the application or petition, the asset list, and supporting materials before filing with the Butte County clerk of courts.
Find a local probate attorney. If the estate needs legal review, a real estate sale, formal proceedings, or help with creditor questions, Sunset can connect the family with a vetted South Dakota attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, discover assets, and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Butte County, South Dakota?
File with the clerk of courts at the Butte County Courthouse, 839 5th Ave., Belle Fourche, SD 57717, or mail papers to PO Box 250, Belle Fourche, SD 57717. Venue is in Butte County if the decedent was domiciled there at death, or, for a nonresident decedent, if South Dakota property supports venue there (SDCL 29A-3-201).
What time does the Butte County clerk of courts open?
The Butte County clerk of courts lists hours of 7:30 a.m. to 5:00 p.m., Monday through Friday. No midday closure or time zone is named on the local UJS page.
Can I fax the Butte County clerk of courts?
The published fax number is 605-892-2836. Do not treat the fax number as permission to submit a filing by fax. Call the clerk before sending any paper that must be filed.
Do I have to e-file in Butte County?
Attorneys file through the Odyssey electronic filing system with the clerk of the court. A self-represented filer may use electronic filing or may bring papers to the clerk of courts counter (SDCL 15-6-5(e)).
How much does it cost to file probate in Butte County?
As of July 1, 2026, the estate filing is $122.00 total: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. If you cannot afford the filing fee, ask about the fee-waiver process under SDCL 16-2-29.2.
Are there Butte County probate forms?
Butte County's UJS page does not publish a county-specific probate packet or local cover sheet. The Unified Judicial System publishes form sets for several self-represented case types, but it does not publish a statewide probate form set, so families generally prepare the application or petition themselves or with a lawyer.
Can I look up a Butte County probate case online?
Use eCourts at https://ecourts.sd.gov. Free registration is required, and the public tier shows docket summaries rather than filed documents. Publicly available filed documents can be read at a courthouse public access terminal (SDCL 16-21-8; SDCL ch. 15-15A).
Can I handle a Butte County probate matter without traveling?
Some steps may be handled by mail, counter filing, or electronic filing if you are self-represented and choose that route under SDCL 15-6-5(e). If a judge needs to hear a matter, the assigned circuit judge decides whether telephone or video will be used, and 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 (SDCL 16-2-21).
Is the Fourth Judicial Circuit combining with another circuit?
The UJS State Court Administrator's Office has proposed an administrative combination involving the Fourth and Seventh Judicial Circuits. No final decision has been made, and the public comment period runs through Oct. 1, 2026. Butte County remains in the Fourth Judicial Circuit (SDCL 16-5-1.2).
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.