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Davison County, SD Probate Information
Quick facts
| Item | Davison County details |
|---|---|
| Court | The circuit court in Davison County, at the Davison County Courthouse in Mitchell |
| Courthouse address | 200 East 4th Avenue, Mitchell, SD 57301 |
| Mailing address | 200 East 4th Avenue, Mitchell, SD 57301 |
| Clerk of courts phone | 605-995-8105 |
| Fax | 605-995-8112 |
| [email protected] | |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday |
| Filing fee | Estate filing is $122.00 total court costs, effective July 1, 2026: $75.00 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 | The Davison County page does not publish a county-specific probate packet or 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 search | eCourts at ecourts.sd.gov. Free registration is required; the public tier shows docket summaries, not online document access. Public access terminals are available at courthouses for open court records (SDCL 16-21-8; SDCL 15-15A-5). |
| Remote appearance | Whether any part of a case can be handled by telephone or video is set by the assigned circuit judge. Call the clerk of courts in Davison County to ask how to request it. |
| Court website | https://ujs.sd.gov/court-finder/first-judicial-circuit/davison-county/ |
Before you begin — know the assets and liabilities
Before you file in Mitchell, make a working list of the decedent's assets, debts, titled property, accounts and known heirs or devisees. The right estate settlement path depends on what needs legal authority, what already has a beneficiary or joint owner, and whether a personal representative must be appointed.
Sunset's asset discovery can search across more than 2,300 institutions, helping families find accounts and liabilities before they prepare the Davison County filing packet or decide whether a lawyer should handle the case.
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 Davison 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 Davison County is filed with the clerk of courts at the county courthouse in Mitchell. Davison 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 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's property was located at death (SDCL 29A-3-201).
The jurisdiction process
- Identify the local filing office. For Davison County, file with the clerk of courts at the Davison County Courthouse, 200 East 4th Avenue, Mitchell, SD 57301.
- Prepare the correct papers. Informal probate or informal appointment uses an application to the clerk of court, while formal probate uses a petition to the court after notice (SDCL 29A-1-201; SDCL 29A-3-105).
- Include the will if there is one, or state where the original will is. If the original will is involved, ask the Davison County clerk of courts how it should be lodged with the filing.
- File the papers and pay the fee. Estate filing is $122.00 total court costs, effective July 1, 2026: $75.00 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. A fee waiver request is handled under SDCL 16-2-29.2.
- Use the correct filing channel. 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)).
- Address notice and hearing needs. Informal probate under SDCL 29A-3 may be handled by the clerk of courts without an advance-notice hearing. Formal probate under SDCL 29A-3 is handled before a judge with notice.
- Ask about telephone or video participation if a hearing is set. The assigned circuit judge decides whether any part of the case can be handled that way, and the Davison County clerk of courts can say how to ask.
- Qualify as personal representative if appointed. Before letters issue, the personal representative must file 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).
- Obtain the authority document. Administration starts when letters issue, either letters testamentary when there is a will or letters of administration when there is not (SDCL 29A-3-103).
- Administer and close the estate. Handle creditor notice under SDCL 29A-3-801, provide required information after appointment under SDCL 29A-3-705, prepare the inventory and appraisement within six months after appointment or nine months after death, whichever is later, under SDCL 29A-3-706, and close by the appropriate closing statement or court order when the estate is ready (SDCL 29A-3-1003; SDCL 29A-3-1001).
Forms and documents
Probate forms in Davison County
The Davison County UJS page does not publish a county-specific probate packet or 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.
A creditor's statement of claim form is prescribed by rule in SDCL ch. 29A-3, Appendix A, and creditor claims are governed through SDCL 29A-3-804. A fee waiver request is available for qualifying filers under SDCL 16-2-29.2.
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The statewide Schedule of Court Costs for civil filings took effect. Opening a probate estate is listed at $122.00 total court costs, effective July 1, 2026: $75.00 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. |
Scenarios
| Situation | Likely Davison County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking title, beneficiary designations and debts. If property already passes outside the estate, the Davison County filing may be narrower. If a personal representative is needed, file with the clerk of courts in Mitchell and request the proper letters under SDCL 29A-3-103. | Sunset helps identify accounts, organize the asset list and prepare the estate settlement packet for the local filing. |
| Out-of-state adult child w/ small estate | Check whether a personal property by affidavit route under SDCL 29A-3-1201 fits before opening a Davison County case. If appointment is needed, venue depends on domicile or South Dakota property location under SDCL 29A-3-201, and self-represented parties may file electronically but are not required to file electronically under SDCL 15-6-5(e). | Sunset helps collect institution details, flag missing assets and coordinate with a local attorney when a court filing is needed. |
| Parent settling predeceased child's estate, home must be sold | If a sale requires a personal representative to sign for the estate, file the application or petition with the Davison County clerk of courts in Mitchell. If real property may pass by affidavit instead, review SDCL 29A-3-1203 before deciding whether to open a case. | Sunset helps build the asset inventory, gather debts and connect the family with counsel for sale authority and closing steps. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Davison County clerk of courts | Accepts local filings, provides case file information and can explain general court procedures. Court staff cannot give legal advice or choose words for your papers. | 200 East 4th Avenue, Mitchell, SD 57301; 605-995-8105; [email protected] |
| South Dakota Unified Judicial System form information | Publishes form sets for several self-represented case types, but not a statewide probate form set. The Legal Form Help Line answers questions about UJS forms and cannot provide legal advice. | 1-855-784-0004; ujs.sd.gov |
| SD Law Help | Online intake that routes eligible applicants to an appropriate nonprofit legal services program. | sdlawhelp.org |
| East River Legal Services | Davison County is on East River Legal Services' published eastern county list. Its published contact is East River Legal Services, 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104. | 1-800-952-3015 |
| State Bar of South Dakota lawyer referral service | Referral service for finding a South Dakota lawyer. | findalawyerinsd.com; 800-952-2333 |
| eCourts | Shows docket summaries for public cases after free registration. The public tier does not provide online document viewing; courthouse public access terminals are available for open court records (SDCL 16-21-8; SDCL 15-15A-5). | ecourts.sd.gov |
When to hire an attorney
How Sunset helps
Find the accounts and assets
Sunset searches across more than 2,300 financial institutions, helps identify accounts and liabilities, and turns scattered information into a working estate settlement inventory.
Generate the probate packet
Sunset uses the family's information to assemble a Davison County probate packet for review, including the local court address, filing fee details and the next steps for the clerk of courts.
Find a local probate attorney
When a lawyer should review the plan, Sunset connects the family with a vetted South Dakota probate attorney who can advise on the filing, real estate, creditor issues and court appearances.
Sunset is free for families
Families can use Sunset's estate settlement tools without paying Sunset. If attorney help is needed, the lawyer's engagement and fees are handled directly with the lawyer.
Frequently asked questions
Where do I file probate for Davison County?
File with the clerk of courts at the Davison County Courthouse, 200 East 4th Avenue, Mitchell, SD 57301. Venue is based on the decedent's domicile at death, or, for a nonresident decedent, a South Dakota county where the decedent's property was located (SDCL 29A-3-201).
What is the Davison County probate filing fee?
Opening a probate estate costs $122.00 total court costs, effective July 1, 2026: $75.00 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. A fee waiver request is handled under SDCL 16-2-29.2.
Can I e-file a Davison County probate case?
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)).
Does Davison County publish a local probate filing packet?
The Davison County UJS page does not publish a county-specific probate packet or cover sheet. The Unified Judicial System does not publish a statewide probate form set, so the application, will and supporting papers are prepared by the filer or by a lawyer and brought to the clerk of courts.
Will there be a hearing in Davison County?
Informal probate under SDCL 29A-3 is handled by the clerk of courts and may proceed without an advance-notice hearing. Formal probate under SDCL 29A-3 is handled before a judge with notice, so hearing needs depend on the filing path and the assigned judge.
Can I attend a Davison County probate hearing by phone or video?
Whether any part of a case can be handled by telephone or video is set by the assigned circuit judge. Call the Davison County clerk of courts at 605-995-8105 to ask how to request it.
How do I look up a Davison County probate case?
Use eCourts at ecourts.sd.gov. Free registration is required, and the public tier shows docket summaries rather than online document viewing. Public access terminals are available at courthouses for open court records (SDCL 16-21-8; SDCL 15-15A-5).
Do I have to travel outside Davison County?
Davison County filings are made at the Davison County Courthouse in Mitchell. 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 hearing location and format are set in the 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.