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Day County, SD Probate Information
Quick facts
| Item | Day County information |
|---|---|
| Court | Circuit court in Day County, clerk of courts |
| Courthouse address | 711 West 1st Street, Webster, SD 57274 |
| Mailing address | 711 West 1st Street, Webster, SD 57274 |
| Phone | 605-345-3771 |
| Fax | 605-345-3818, for contact only |
| [email protected], for contact only | |
| Hours | 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday |
| Filing cost | $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 |
| Local forms | The Day County UJS page does not list a county-specific probate form or probate cover sheet |
| Electronic filing | Represented parties file through Odyssey electronic filing under SDCL 15-6-5(e). Self-represented filers may file electronically but are not required to. |
| Case lookup | eCourts at https://ecourts.sd.gov/ requires free registration and shows docket summaries. Courthouse public access terminals provide access to open filings 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. Ask the clerk of courts how to make the request. |
| Court website | https://ujs.sd.gov/court-finder/fifth-judicial-circuit/day-county/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Day County, identify the assets, debts, beneficiary designations, jointly held property and bills that may affect the estate settlement. That list determines whether you need court authority, who should ask to be appointed as personal representative, and what information belongs in the opening papers.
Sunset's 2,300-institution asset discovery helps families find accounts and benefits before they file, so the Day County packet is built around real asset information instead of guesses. If you need to file, plan around the Webster office's noon-to-1:00 p.m. closure.
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 Day 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).
Day County is one of the 10 counties in the Fifth Judicial Circuit, and the case itself is filed at the Day County Courthouse in Webster (SDCL 16-5-1.2). Venue for the first informal or formal 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 at death (SDCL 29A-3-201).
Webster is the courthouse town for Day County. 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 the assigned judge controls whether and where a particular hearing is set (SDCL 16-2-21).
The jurisdiction process
- Choose the correct opening paper. Use an application for informal probate or informal appointment, and use a petition for formal probate or formal testacy when you need a judge to act after notice (SDCL 29A-1-201(3), SDCL 29A-1-201(35), SDCL ch. 29A-3).
- Prepare the will, death certificate information, asset list, interested-person information and any acceptance required for the personal representative. If there is an original will, the application must state whether it is in the court's possession or accompanies the application, and you should ask the Day County clerk of courts how to lodge it (SDCL 29A-3-301(2)(i)).
- File with the clerk of courts at 711 West 1st Street, Webster, SD 57274. Represented parties file through Odyssey electronic filing under SDCL 15-6-5(e); a self-represented filer may file electronically but is not required to and may bring papers to the clerk of courts counter.
- Pay $122.00 total court costs, effective July 1, 2026: $75.00 for the estate filing under SDCL 16-2-29, $40.00 court automation surcharge under SDCL 16-2-39, and $7.00 county law library fee under SDCL 14-6-1. If you cannot afford the filing cost, ask about the fee waiver process under SDCL 16-2-29.2.
- For an informal proceeding, the clerk of courts reviews the application, makes the statutory 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, SDCL 29A-3-303, SDCL 29A-3-307). A judge of the circuit court may also perform those acts (SDCL 29A-1-307).
- If a formal hearing is needed, follow the notice and scheduling instructions from the clerk of courts and the assigned circuit judge. Whether any part of the case can be handled by telephone or video is set by the assigned circuit judge.
- After appointment and qualification, the personal representative receives letters testamentary or letters of administration, which are the authority documents used to administer the estate (SDCL 29A-3-103, SDCL 29A-3-601).
- Administer the estate, give required notices, address claims, distribute assets, and close by the personal representative's closing statement or by a court order of complete settlement after notice and hearing (SDCL 29A-3-801, SDCL 29A-3-1003, SDCL 29A-3-1001).
Forms and documents
Probate forms in Day County
The Day County UJS page does not list a county-specific probate form or probate 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 creditor's Statement of Claim form in SDCL ch. 29A-3, Appendix A, tied to SDCL 29A-3-804(a)(1). That is a creditor form, not the family's opening packet.
Local nuance
Day County-specific considerations
| Local point | What to do |
|---|---|
| Midday closure | The Webster clerk of courts office is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. Call 605-345-3771 before a trip that may run through lunch. |
| Address line | Use 711 West 1st Street, Webster, SD 57274. Do not rely on an added suite number for mail unless the clerk confirms it. |
| Fax and email | Day County publishes 605-345-3818 and [email protected] as contact details. They are not a filing method unless the clerk or a court order tells you otherwise. |
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The South Dakota civil Schedule of Court Costs took effect with $122.00 total court costs to open an estate: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Day County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Separate jointly held or beneficiary-designated property from assets that need court authority. If a Day County case is needed, file with the clerk of courts at 711 West 1st Street in Webster and plan around the noon-to-1:00 p.m. closure. | Sunset helps identify accounts, titles and beneficiaries before the spouse decides what belongs in the estate settlement packet. |
| Out-of-state adult child w/ small estate | Check the South Dakota state page's affidavit routes, including the personal-property route under SDCL 29A-3-1201, before opening a Day County case. If filing is needed, a self-represented filer may file electronically but is not required to under SDCL 15-6-5(e). | Sunset organizes asset information, flags missing accounts and helps decide whether to prepare a Day County filing packet or ask a lawyer to review the situation. |
| Parent settling predeceased child's estate, home must be sold | A sale often requires letters testamentary or letters of administration. File with the Day County clerk of courts, 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 obtain letters after appointment and qualification (SDCL 29A-3-103, SDCL 29A-3-601). | Sunset builds the estate settlement checklist, prepares the local packet from the information you provide and can connect the parent with a South Dakota probate attorney. |
Self-help resources
| Resource | How it helps in Day County |
|---|---|
| Day County clerk of courts | Call 605-345-3771 for filing logistics, hours, how to ask about telephone or video handling, and how to lodge an original will. Court staff can give general procedural information and completeness checks, but they cannot give legal advice or complete your forms. |
| eCourts | Use https://ecourts.sd.gov/ for docket summaries after free registration. The public tier does not provide online document viewing; open filings can be viewed at courthouse public access terminals under SDCL 16-21-8. |
| Fee waiver | If the filing cost is not affordable, ask about the Motion, Affidavit and Order to Waive Filing Fee and Service of Process Fee process under SDCL 16-2-29.2. |
| East River Legal Services | Day County is on East River Legal Services' county list. Contact 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104, toll-free 1-800-952-3015, for legal-help screening. |
| State Bar of South Dakota Lawyer Referral Service | Use https://findalawyerinsd.com/ or call 800-952-2333 to look for a South Dakota attorney. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, benefits and other assets that may belong in the estate settlement.
Generate the probate packet. Sunset turns the information you provide into an organized Day County filing packet, so you can bring cleaner papers to the clerk of courts or to a lawyer for review.
Find a local probate attorney. When a case needs legal judgment, Sunset can connect you with a vetted South Dakota probate attorney who understands circuit court filing and local clerk of courts practice.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, locate assets and understand the next filing step without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Day County?
File with the clerk of courts at the Day County Courthouse, 711 West 1st Street, Webster, SD 57274. Venue belongs in Day County if the decedent was domiciled there at death, or, for a non-South Dakota decedent, if property was located there at death (SDCL 29A-3-201).
What are the clerk's hours in Webster?
The Day County clerk of courts office is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. The office does not publish a time zone on the Day County page.
Do I have to e-file in Day County?
Represented parties file through Odyssey electronic filing under SDCL 15-6-5(e). A self-represented filer may file electronically but is not required to and may bring papers to the clerk of courts counter.
How much does it cost to file probate in Day County?
The cost to open an estate 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 may be requested under SDCL 16-2-29.2.
Are there Day County probate forms?
The Day County UJS page does not list a county-specific probate form or local probate cover sheet. The South Dakota Unified Judicial System does not publish a statewide probate form set for families opening an estate, so the application, the will and supporting papers are prepared by the filer or by a lawyer.
Can I look up a Day County probate case online?
Use eCourts at https://ecourts.sd.gov/ with free registration to view docket summaries. The public tier does not provide document viewing online; open filings can be viewed at courthouse public access terminals under SDCL 16-21-8.
Will I have to travel for a hearing in a Day County estate?
Informal probate is handled by the clerk of courts under SDCL ch. 29A-3 and does not require a judge hearing. If a hearing is needed, state law directs the presiding judge to arrange for a circuit judge to be available to hold court in each county seat as necessary, but the assigned judge controls scheduling (SDCL 16-2-21).
Can I appear by phone or video in Day County?
The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the Day County clerk of courts how to make that request.
Who reviews an informal application in Day County?
The clerk of courts reviews the 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, SDCL 29A-3-303, SDCL 29A-3-307). A judge of the circuit court may also perform those acts (SDCL 29A-1-307).
Where can I get legal help for a Day County estate?
East River Legal Services lists Day County in its service area for legal-help screening. Contact 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104, toll-free 1-800-952-3015. For a private attorney, use the State Bar of South Dakota Lawyer Referral Service at https://findalawyerinsd.com/ or 800-952-2333.
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.