Back to South Dakota
Fall River County, SD Probate Information
Quick facts
| Item | Fall River County information |
|---|---|
| Court | The circuit court in Fall River County, Seventh Judicial Circuit (SDCL 16-5-1.2) |
| Courthouse address | 906 N River St, Hot Springs, SD 57747-1387 |
| Mailing address | Same as the courthouse address |
| Clerk of courts phone | 605-745-5131 |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday (Fine Window closes at 4:30 p.m.) |
| Filing fee | $122.00 total court costs, effective July 1, 2026: $75.00 filing fee (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 | No county-specific probate forms or local probate cover sheet are published for Fall River County. The Unified Judicial System does not publish a statewide probate form set. |
| Electronic filing | Represented parties file through Odyssey under SDCL 15-6-5(e). Self-represented parties may file electronically, but are not required to file electronically. |
| Case search | eCourts at ecourts.sd.gov requires free registration and shows docket summaries for public cases. Public document viewing is through courthouse public access terminals 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 request it. |
| Website | https://ujs.sd.gov/court-finder/seventh-judicial-circuit/fall-river-county/ |
Before you begin — know the assets and liabilities
Before you file anything in Fall River County, identify what the decedent owned, how each asset was titled, whether there are beneficiary designations, and what debts may need attention. Probate is only one part of estate settlement, and some assets may pass outside a court case.
Sunset searches more than 2,300 financial institutions to help families find accounts and assets before they prepare a filing. That asset picture helps you decide whether Fall River County is the right venue, what authority the personal representative needs, and whether you should ask a lawyer to prepare the papers.
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 Fall River 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).
Fall River County is one of the 4 counties in the Seventh Judicial Circuit, which is how judges and court administration are organized (SDCL 16-5-1.2). Venue for the first informal or formal testacy or appointment proceeding is the county of the decedent's domicile 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 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 to distribute the work of the courts, alleviate congestion, and secure the prompt disposition of cases for each county (SDCL 16-2-21). That is a court administration rule, not a promise that every hearing in every estate will occur in Hot Springs.
The jurisdiction process
- Choose the correct opening paper. An informal matter uses an application to the clerk of court; a formal matter uses a petition to the court after notice (SDCL 29A-1-201(3), (35); SDCL 29A-3-301; SDCL 29A-3-401).
- Prepare the application or petition, the will if there is one, and the supporting papers. If there is an original will, ask the clerk of courts in Fall River County how to lodge it because the application must state whether the original is in the court's possession or accompanies the application (SDCL 29A-3-301(2)(i)).
- File with the clerk of courts at the Fall River County Courthouse, 906 N River St, Hot Springs, SD 57747-1387. Represented parties file through Odyssey, while 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, unless a fee waiver is granted: $75.00 filing fee (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 can ask about the fee waiver process under SDCL 16-2-29.2.
- For informal probate or informal appointment, the clerk of courts reviews the application, makes the required findings, and may issue the written statement of informal probate or appoint the personal representative once at least 120 hours have passed since the death (SDCL 29A-3-302, 29A-3-303, 29A-3-307). A judge of the circuit court may also perform acts that Title 29A specifies for the clerk of court (SDCL 29A-1-307).
- If the case requires a hearing, the assigned circuit judge controls scheduling and any request to handle a part of the case by telephone or video. Ask the clerk of courts in Fall River County how to make that request.
- After appointment and qualification, the personal representative receives letters testamentary or letters of administration, which are the documents used to show authority to act for the estate (SDCL 29A-3-601; SDCL 29A-3-103).
- Administer the estate, give required notices, handle creditor issues under SDCL 29A-3-801, distribute property, and close by the appropriate filing. A personal representative may close by closing statement under SDCL 29A-3-1003, or an interested person may seek an order of complete settlement when that route is appropriate under SDCL 29A-3-1001.
Forms and documents
Probate forms in Fall River County
Fall River County publishes no county-specific probate forms and no local probate cover sheet on its county court-finder page. 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 in SDCL ch. 29A-3, Appendix A, for a creditor who files a claim with the clerk of the court (SDCL 29A-3-804(a)(1)). That is a creditor form, not the packet a family member uses to open an estate.
Local nuance
Fall River County-specific considerations
| Local point | What to know |
|---|---|
| Fine Window hours | The clerk of courts office is open 8:00 a.m. to 5:00 p.m., Monday through Friday, and the published hours state that the Fine Window closes at 4:30 p.m. Call 605-745-5131 before a late-day visit. |
| No clerk fax or email published | No fax number or email address is published for the clerk of courts in Fall River County. Use the phone number or the clerk of courts counter unless the clerk gives different instructions. |
| Separate Court Services office | The UJS page also lists a Court Services office at the Hot Springs location. Court Services is a different office from the clerk of courts and is not the filing counter for probate papers. |
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The Unified Judicial System Schedule of Court Costs took effect, listing $122.00 total court costs to open a probate estate: $75.00 filing fee (SDCL 16-2-29), $40.00 court automation surcharge (SDCL 16-2-39), and $7.00 county law library fee (SDCL 14-6-1). |
| August 2026 | The Unified Judicial System State Court Administrator's Office proposed to the South Dakota Supreme Court an administrative combination of the Fourth and Seventh Judicial Circuits. No final decision has been made. Public comment is open through Oct. 1, 2026. The UJS states that the proposal does not close clerk of courts or Court Services offices and does not change office hours. |
Page last reviewed: August 2026.
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating what passes by co-ownership or beneficiary designation from what still needs court authority. If an estate must be opened, file with the clerk of courts in Fall River County at 906 N River St, Hot Springs, SD 57747-1387. Call 605-745-5131 first and ask how to get any original will to the office. | Sunset helps identify accounts, beneficiary designations, debts, and titled assets before you decide what the personal representative needs to file. |
| Out-of-state adult child with small estate | Check the South Dakota state guidance on the personal property affidavit route under SDCL 29A-3-1201 before opening a case. If a Fall River County filing is needed, a self-represented filer may file electronically but is not required to file electronically (SDCL 15-6-5(e)). | Sunset organizes the asset list, flags institutions to contact, and helps you decide whether estate settlement can proceed with an affidavit route or needs a court filing. |
| 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 Fall River County at 906 N River St, Hot Springs, SD 57747-1387. The clerk of courts appoints the personal representative once at least 120 hours have passed since the 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). Budget the $122.00 total court costs, effective July 1, 2026 (SDCL 16-2-29; SDCL 16-2-39; SDCL 14-6-1). | Sunset helps gather property and debt information, generate a probate packet, and connect the family with a local attorney when a sale or title issue needs legal review. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Fall River County court-finder page | Lists the clerk of courts address, phone number, and current published hours for the Fall River County Courthouse. | https://ujs.sd.gov/court-finder/seventh-judicial-circuit/fall-river-county/ |
| eCourts | Shows docket summaries for public cases after free registration. Public document viewing is handled through courthouse public access terminals under SDCL 16-21-8. | https://ecourts.sd.gov/ |
| Fee waiver forms | A filer who cannot afford the $122.00 total court costs, effective July 1, 2026, can ask about waiving fees under SDCL 16-2-29.2. The filing fee component is set by SDCL 16-2-29, with related costs under SDCL 16-2-39 and SDCL 14-6-1. | https://ujs.sd.gov/self-help/civil-law-help/fee-waivers/ |
| Court staff information page | Explains that court staff can give general information about court rules, procedures, practices, and case-file information, but cannot give legal advice or tell you what words to use in court papers. | https://ujs.sd.gov/self-help/understanding-the-courts/how-the-court-assists/ |
| SD Law Help | Online intake for nonprofit legal help requests. Use the intake system so the request can be routed by the program. | https://sdlawhelp.org |
| State Bar of South Dakota Lawyer Referral Service | Helps locate a South Dakota lawyer. | https://findalawyerinsd.com, 800-952-2333 |
| UJS Legal Form Help Line | Can answer questions about UJS forms, but cannot provide legal advice. | 1-855-784-0004 |
When to hire an attorney
Counsel makes sense when heirs disagree, a home or mineral interest must be sold, the original will is hard to locate, a creditor issue is serious, the personal representative lives outside South Dakota, or the filing may need formal probate under SDCL ch. 29A-3. The clerk of courts can give general procedure information, but cannot give legal advice or choose words for your papers. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families build a clearer asset list before they decide what Fall River County filing is needed.
Generate the probate packet. Sunset uses the family and asset information you provide to organize the documents needed for estate settlement and prepare the next steps for review.
Find a local probate attorney. When the estate needs legal judgment, a real estate sale, formal probate under SDCL ch. 29A-3, or help with letters testamentary or letters of administration under SDCL 29A-3-103, Sunset can help connect you with a local attorney.
Sunset is free for families. Sunset gives families a guided estate settlement workspace, document organization, asset discovery, and attorney connections without charging families to get started.
Frequently asked questions
Where do I file probate in Fall River County?
File with the clerk of courts at the Fall River County Courthouse, 906 N River St, Hot Springs, SD 57747-1387. Fall River County cases are in the Seventh Judicial Circuit (SDCL 16-5-1.2), and venue depends on the decedent's domicile or South Dakota property location (SDCL 29A-3-201).
What are the clerk's hours in Fall River County?
The published hours are 8:00 a.m. to 5:00 p.m., Monday through Friday (Fine Window closes at 4:30 p.m.). Call 605-745-5131 before a late-day visit.
Do I have to file electronically in Fall River County if I am handling this myself?
Represented parties file through Odyssey. 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 Fall River County?
The total court costs are $122.00, effective July 1, 2026: $75.00 filing fee (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 Fall River County probate forms?
Fall River County does not publish county-specific probate forms or a local probate cover sheet. The Unified Judicial System 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.
Can I look up a Fall River County probate case online?
Use eCourts at ecourts.sd.gov. Free registration is required, and the public tier shows docket summaries, not online document viewing. Public document viewing is through courthouse public access terminals under SDCL 16-21-8.
Will I have to travel to another county for a hearing in a Fall River County estate?
Many informal matters involve no hearing because informal proceedings are conducted without notice to interested persons by the clerk of court under SDCL 29A-1-201(22) and 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 (SDCL 16-2-21).
Can I appear by phone or video in a Fall River 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 Fall River County how to request it.
Who reviews an informal probate application in Fall River County?
The clerk of courts reviews the application, makes the findings state law requires, and may issue the written statement of informal probate or appoint the personal representative after the statutory waiting period (SDCL 29A-3-302, SDCL 29A-3-303, SDCL 29A-3-307). A judge of the circuit court may also perform acts that Title 29A specifies for the clerk of court (SDCL 29A-1-307).
Is there a fax number for the Fall River County clerk of courts?
No fax number is published for the clerk of courts in Fall River County. The UJS page lists a separate Court Services office, but that office is a different function from the clerk of courts filing counter.
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.