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Custer County, SD Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | The circuit court in Custer County, served by the clerk of courts at the Custer County Courthouse |
| Courthouse address | 420 Mt. Rushmore Road, Suite 6, Custer, SD 57730 |
| Mailing address | Mail to the street address: 420 Mt. Rushmore Road, Suite 6, Custer, SD 57730 |
| Phone | 605-673-4816 |
| Fax | The Custer clerk page does not list a clerk fax. Do not use the Court Services fax for probate filings. |
| Hours | 8:00 a.m. to 4:45 p.m., Monday through Friday |
| Filing fee | $122.00 total court costs, effective July 1, 2026: $75.00 for 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 forms | The Custer County UJS page does not list a county probate packet or cover sheet. The Unified Judicial System does not publish a statewide probate form set. |
| E-filing | Attorneys file through the Odyssey electronic filing system. Self-represented parties may file electronically but are not required to file electronically and may bring papers to the clerk of courts counter (SDCL 15-6-5(e)). |
| Case lookup | eCourts at ecourts.sd.gov requires free registration and shows docket summaries. Public documents are accessed through courthouse public access terminals at no charge during regular business hours (SDCL 16-21-8). |
| Remote appearance | The assigned circuit judge decides whether any part of a case may be handled by telephone or video. Ask the Custer clerk of courts how to request it. |
| Website | https://ujs.sd.gov/court-finder/seventh-judicial-circuit/custer-county/ |
Before you begin — know the assets and liabilities
Before you file anything in Custer County, make a working list of the decedent's assets, debts, heirs, devisees, and any account statements you can locate. Estate settlement moves faster when you know whether you need court authority, an affidavit route, or an attorney before you stand at the clerk of courts counter.
Sunset searches across more than 2,300 institutions to help families locate accounts and assets, then organizes the information needed for estate settlement in Custer County. Bring the original will question to the clerk of courts, because South Dakota law requires the application to state where the original will is or that it accompanies the application.
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 Custer 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 Custer County is filed with the clerk of courts at the county courthouse in Custer. Custer County is one of the 4 counties in the Seventh 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 the county where the decedent was domiciled at death, or, if the decedent was not domiciled in South Dakota, in any county where the decedent had property at death (SDCL 29A-3-201). Custer County includes the city of Custer, Custer State Park, Hermosa in part, and Pringle.
The jurisdiction process
- Identify the filing path before drafting. Informal probate and informal appointment under SDCL ch. 29A-3 use an application to the clerk of court; formal proceedings under SDCL ch. 29A-3 use a petition to the court after notice.
- Prepare the application or petition, the death certificate, the will if there is one, proposed letters testamentary or letters of administration, and any supporting papers required for the facts of the estate. Letters begin administration after the personal representative qualifies (SDCL 29A-3-103).
- File at the Custer County clerk of courts counter at 420 Mt. Rushmore Road, Suite 6, Custer, SD 57730. Attorneys file through Odyssey, and self-represented parties may file electronically but are not required to file electronically (SDCL 15-6-5(e)).
- Pay the $122.00 total court costs, effective July 1, 2026: $75.00 for 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 filing fee, ask about a fee-waiver request under SDCL 16-2-29.2.
- If the filing is informal, the clerk of courts reviews the application under SDCL ch. 29A-3 and may issue the written statement of informal probate after one hundred twenty hours have elapsed since death (SDCL 29A-3-302). If the filing is formal, the court gives notice and sets the matter for a judge.
- Ask the clerk of courts how Custer County schedules any required hearing and how to request permission for telephone or video participation. The assigned circuit judge decides whether any part of the case may be handled that way.
- After appointment, qualify as personal representative and obtain letters testamentary or letters of administration (SDCL 29A-3-103). Use those letters to deal with banks, title issues, creditors, and estate property.
- Administer and close the estate under South Dakota law. A closing statement may be filed only after the statutory conditions are met (SDCL 29A-3-1003), and a court order of complete settlement is a separate court process after notice (SDCL 29A-3-1001).
Forms and documents
Probate forms in Custer County
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.
The Custer County UJS page does not list a county probate packet or cover sheet. Court staff can give general information about rules, procedures, signatures, notarization, county name, and case number, but they cannot give legal advice or tell you what words to put in your papers.
Recent updates
| Update | What it means for Custer County |
|---|---|
| Fourth and Seventh Judicial Circuit administrative proposal | The UJS State Court Administrator's Office has proposed an administrative merger involving the Fourth and Seventh Judicial Circuits, including Custer County (SDCL 16-5-1.2). The South Dakota Supreme Court has not decided the proposal. Public comment is open through October 1, 2026, and the UJS materials state that the proposal does not close clerk of courts or Court Services offices and does not change their hours. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Custer County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the home is titled and whether any asset requires letters from the clerk of courts in Custer County. If authority is needed, file the appropriate South Dakota probate papers at the Custer County Courthouse. | Sunset helps identify accounts, debts, and title questions so the spouse can see whether court authority is needed before filing. |
| Out-of-state adult child with small-estate questions | Check whether the assets fit the personal-property affidavit rules under SDCL 29A-3-1201 or whether a Custer County probate filing is needed. If land is involved, compare the facts to the real-property affidavit rules under SDCL 29A-3-1203 before assuming a court filing is the only path. | Sunset gathers account information and helps organize the documents an out-of-state child needs before calling the Custer clerk of courts or a South Dakota lawyer. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires clear authority over the title. The parent should confirm title, mortgage, and heir information, then file in Custer County if letters are needed for the sale. | Sunset helps assemble asset, debt, and heir information and can connect the parent with a local probate attorney for the real estate issues. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| SD Law Help | Online intake for nonprofit civil legal help serving South Dakota and local Tribal Nations. The intake routes the request to an appropriate program. | https://sdlawhelp.org |
| State Bar of South Dakota Lawyer Referral Service | Helps families look for a South Dakota lawyer, including when a Custer County estate has real property, conflict, or a personal representative appointment problem. | https://findalawyerinsd.com; 800-952-2333 |
| South Dakota Free Legal Answers | Online civil legal questions resource linked by the UJS. | https://sd.freelegalanswers.org |
| UJS Legal Form Help Line | Answers questions about UJS forms. This service cannot provide legal advice and is not a substitute for a probate attorney. | 1-855-784-0004 |
| Custer County clerk of courts | Provides filing information, case file information, and local scheduling instructions for Custer County filings. | 420 Mt. Rushmore Road, Suite 6, Custer, SD 57730; 605-673-4816 |
When to hire an attorney
Consider hiring a South Dakota probate attorney if the will is contested, heirs disagree, land must be sold, a creditor issue is significant, the decedent lived outside South Dakota, or you are unsure whether to use an application, a petition, or an affidavit route. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, investments, and other assets that may affect a Custer County estate settlement.
Generate the probate packet. Sunset organizes the family, asset, debt, and court information needed to prepare the Custer County filing packet or to brief a lawyer before filing.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect the family with a vetted South Dakota probate attorney who understands circuit court filings.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, so they can focus on getting organized before filing or hiring counsel.
Frequently asked questions
Where do I file probate for someone who lived in Custer County?
File with the clerk of courts at the Custer County Courthouse, 420 Mt. Rushmore Road, Suite 6, Custer, SD 57730. Venue is based on the decedent's domicile at death, or, for a nonresident decedent, a South Dakota county where the decedent had property (SDCL 29A-3-201).
Is Custer County in the Seventh Judicial Circuit?
Yes. Custer County is one of the 4 counties in the Seventh Judicial Circuit, along with Fall River, Oglala Lakota, and Pennington (SDCL 16-5-1.2).
Can I file electronically in Custer County?
Attorneys file through the Odyssey electronic filing system. Self-represented parties may file electronically but are not required to file electronically and may bring papers to the Custer clerk of courts counter (SDCL 15-6-5(e)).
Does Custer County have a probate hearing day?
The Custer County UJS page does not list set probate hearing days or filing-to-hearing windows. Informal probate under SDCL ch. 29A-3 is handled by the clerk of courts without advance notice to interested persons; formal proceedings under SDCL ch. 29A-3 are before a judge with notice.
Can I appear by phone or video for a Custer County probate hearing?
The assigned circuit judge decides whether any part of a case may be handled by telephone or video. Call the Custer clerk of courts at 605-673-4816 to ask how to make that request.
How do I look up a Custer County probate case?
Use eCourts at ecourts.sd.gov. Free registration is required, and the public tier shows docket summaries rather than documents. Public documents can be viewed at courthouse public access terminals at no charge during regular business hours (SDCL 16-21-8).
How much does it cost to open an estate in Custer County?
The total court costs are $122.00, effective July 1, 2026: $75.00 for 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 fee-waiver request may be available under SDCL 16-2-29.2.
Do I have to travel outside Custer County for probate?
Probate is filed at the Custer County Courthouse. 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), but the assigned judge and clerk control scheduling in a particular case.
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.