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Faulk County, SD Probate Information
Quick facts
| Item | Faulk County information |
|---|---|
| Court | The circuit court in Faulk County, with filings handled by the clerk of courts at the Faulk County Courthouse |
| Courthouse address | 110 9th Ave South, Faulkton, SD 57438 |
| Mailing address | PO Box 357, Faulkton, SD 57438 |
| Phone | 605-598-6223 |
| Fax | 605-598-6252. Use as a contact detail only and ask the clerk how documents may be filed. |
| [email protected]. Use as a contact detail only and ask the clerk how documents may be filed. | |
| Hours | Noon to 5:00 p.m., Monday through Friday. The office opens at noon, not in the morning. |
| Filing fee | $122.00 total court costs effective July 1, 2026, made up of a $75.00 probate filing fee under SDCL 16-2-29, a $40.00 court automation surcharge under SDCL 16-2-39, and a $7.00 county law library fee under SDCL 14-6-1. |
| Local forms | No Faulk County-specific probate form or cover sheet is published on the county Court Finder page. |
| E-filing | Attorneys file through Odyssey. Self-represented parties may file electronically but are not required to file electronically and may use the clerk of courts counter or mail when allowed by the clerk (SDCL 15-6-5(e)). |
| Case search | eCourts at ecourts.sd.gov. Free registration is required for docket summaries. The public tier does not provide court documents online. A public access terminal is available at the courthouse during clerk hours (SDCL 16-21-8). |
| Remote appearance | Whether any part of a case can be handled by telephone or video is set by the assigned circuit judge. Ask the Faulk County clerk of courts how to request permission. |
| Website | https://ujs.sd.gov/court-finder/fifth-judicial-circuit/faulk-county/ |
Before you begin — know the assets and liabilities
Before you file anything in Faulk County, make a working list of the decedent's assets, debts, titled property, accounts, beneficiaries, and likely heirs. That list determines whether you need an informal application handled by the clerk of court, a formal petition before a judge, or a non-court transfer route described on the South Dakota state page.
Sunset can help with the asset-discovery part of estate settlement by checking more than 2,300 financial institutions for accounts and assets, then organizing what you find into the information a personal representative, family member, or attorney needs before contacting the Faulk County clerk of courts.
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 Faulk 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 Faulk County is filed with the clerk of courts at the county courthouse in Faulkton. Faulk County is one of the 10 counties in the Fifth 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 is based on 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).
The jurisdiction process
- Identify the correct filing path. An informal application goes to the clerk of court, while a formal petition goes to the circuit court for a judge to decide after notice and hearing under SDCL ch. 29A-3.
- Prepare the application or petition, the original will if there is one, the death information, the names and addresses of interested persons, and the requested appointment of a personal representative. South Dakota uses application for informal proceedings and petition for formal proceedings under SDCL ch. 29A-3.
- File with the Faulk County clerk of courts at 110 9th Ave South in Faulkton, mail to PO Box 357, Faulkton, SD 57438, or use electronic filing if that is the correct route for you. Attorneys 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 the court grants a fee waiver. The total includes the $75.00 probate filing fee under SDCL 16-2-29, the $40.00 court automation surcharge under SDCL 16-2-39, and the $7.00 county law library fee under SDCL 14-6-1. Fee waiver procedure is addressed in SDCL 16-2-29.2 to 16-2-29.4.
- Plan around the local counter hours. The Faulk County clerk of courts is open noon to 5:00 p.m., Monday through Friday, so call 605-598-6223 before making a morning trip.
- If the filing is informal and complete, the clerk of court may act after one hundred twenty hours have passed since death, make the required findings, and issue the written statement of informal probate or appointment under SDCL 29A-3-302 and SDCL 29A-3-307. State law also allows a judge of the circuit court to perform acts assigned to the clerk of court (SDCL 29A-1-307).
- If the filing is formal, wait for the hearing process set by the assigned circuit judge. Whether any part of that process can be handled by telephone or video is set by the assigned circuit judge.
- After appointment, qualify as personal representative as required. Letters testamentary or letters of administration begin administration of the estate after qualification and issuance of letters (SDCL 29A-3-601; SDCL 29A-3-103).
- Administer the estate, collect assets, address valid debts, make distributions, and use the correct closing path. A closing statement is one available closing step after the statutory waiting period if the conditions in SDCL 29A-3-1003 are met.
Forms and documents
Probate forms in Faulk 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.
No Faulk County-specific probate form or cover sheet is published on the county Court Finder page. If you are filing without a lawyer, call 605-598-6223 before visiting because the Faulkton office opens at noon.
A fee waiver request is handled under SDCL 16-2-29.2 to 16-2-29.4. The UJS fee waiver materials are for asking the court to waive filing fees and service costs when a person cannot pay.
Local nuance
Faulk County-specific considerations
The most important local planning point is the clerk of courts schedule. The Faulk County office is open noon to 5:00 p.m., Monday through Friday. A morning trip to the courthouse will be too early for the clerk of courts counter.
The Faulk County page publishes both a fax number and a generic office email, but those are contact details. Because fax filing and email filing were not established, ask the clerk of courts how documents should be filed before sending anything by fax or email.
Recent updates
Scenarios
| Situation | Likely Faulk County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by confirming which assets actually require court authority. If a filing is needed, use the Faulk County clerk of courts at 110 9th Ave South in Faulkton or mail to PO Box 357, and plan any counter visit for noon to 5:00 p.m., Monday through Friday. | Sunset organizes the asset list, flags accounts and titled property to review, and helps prepare an estate settlement plan before you contact the clerk or an attorney. |
| Out-of-state adult child w/ small estate | For a small estate question, review the South Dakota personal-property affidavit rule in SDCL 29A-3-1201 before opening a court case. If court papers are needed in Faulk County, a self-represented filer may file electronically but is not required to file electronically, and may ask the clerk about mail filing to PO Box 357 (SDCL 15-6-5(e)). | Sunset helps identify accounts and balances so you can decide whether an affidavit route under SDCL 29A-3-1201 or a Faulk County filing is the better next step. |
| Parent settling predeceased child's estate, home must be sold | A sale ordinarily needs an appointed personal representative with letters. The clerk of court acts on informal appointment once the statutory conditions are met after one hundred twenty hours, and letters issue after qualification (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, under SDCL 16-2-29, SDCL 16-2-39, and SDCL 14-6-1. | Sunset assembles the asset picture, generates a probate packet, and can connect the family with a local probate attorney if a sale, title issue, or disagreement needs legal guidance. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Faulk County clerk of courts | Accepts Faulk County filings, provides case information from the file, and can explain local filing logistics. Court staff cannot provide legal advice or choose words for your papers. | 110 9th Ave South, Faulkton, SD 57438. Phone 605-598-6223. Hours noon to 5:00 p.m., Monday through Friday. |
| South Dakota eCourts | Provides docket summaries for public cases. Free registration is required. The public tier does not provide court documents online. A public access terminal is available at the courthouse during clerk hours (SDCL 16-21-8). | ecourts.sd.gov |
| UJS fee waiver materials | Used to ask the court to waive filing fees and service costs when a person cannot pay. Fee waiver procedure is addressed in SDCL 16-2-29.2 to 16-2-29.4. | UJS form UJS-022 |
| SD Law Help | Online intake that routes applications to an appropriate nonprofit legal services program. Ask whether your estate settlement issue fits the services available. | sdlawhelp.org |
| East River Legal Services | Faulk County is on East River Legal Services' published eastern county list. Its published practice areas are family, housing, consumer, and public benefits, so ask whether it can help with your issue. | 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104. Toll-free 1-800-952-3015. |
| State Bar of South Dakota lawyer referral | Lawyer referral service for finding a South Dakota attorney. | findalawyerinsd.com. 800-952-2333. |
| UJS Legal Form Help Line | Answers questions about UJS forms. It cannot provide legal advice. | 1-855-784-0004 |
When to hire an attorney
Consider talking with a South Dakota probate attorney if the will is disputed, heirs disagree, land must be sold, a creditor issue is significant, the decedent lived outside South Dakota, or you are unsure whether an informal application is enough. 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 the asset list they need for estate settlement, whether the next step is an affidavit, a Faulk County filing, or an attorney consult.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet for review, including the details commonly needed for the application, interested-person list, and personal representative appointment request.
Find a local probate attorney. When a Faulk County estate involves real property, conflict, creditor questions, or formal court work, Sunset can connect the family with a vetted South Dakota probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets, and understand the next probate step without paying Sunset.
Frequently asked questions
Where do I file probate in Faulk County?
File with the clerk of courts at the Faulk County Courthouse, 110 9th Ave South, Faulkton, SD 57438. The mailing address is PO Box 357, Faulkton, SD 57438. Venue is generally the county of the decedent's domicile at death, or, for a non-South Dakota domiciliary, a county where the decedent's property was located (SDCL 29A-3-201).
What are the clerk of courts hours in Faulkton?
The Faulk County clerk of courts is open noon to 5:00 p.m., Monday through Friday. The office opens at noon, not in the morning. Call 605-598-6223 before making a courthouse trip.
Do I have to e-file in Faulk County?
Attorneys file through Odyssey. Self-represented parties may file electronically but are not required to file electronically, and may use the clerk of courts counter or mail when allowed by the clerk (SDCL 15-6-5(e)).
How much does probate cost in Faulk County?
The probate filing total is $122.00 in total court costs effective July 1, 2026. That total is the $75.00 filing fee under SDCL 16-2-29, the $40.00 court automation surcharge under SDCL 16-2-39, and the $7.00 county law library fee under SDCL 14-6-1.
Are there Faulk County probate forms?
No Faulk County-specific probate form or cover sheet is published on the county Court Finder page. The South Dakota Unified Judicial System does not publish a statewide probate form set, so the application, the will, and supporting papers are prepared by the filer or by a lawyer and brought to the clerk of courts.
Can I look up a Faulk County probate case online?
Use South Dakota eCourts at ecourts.sd.gov. Free registration is required, and the system provides docket summaries for public cases. The public tier does not provide court documents online. A public access terminal is available at the courthouse during clerk hours (SDCL 16-21-8).
Can I appear by phone or video for a Faulk County probate hearing?
Whether any part of a case can be handled by telephone or video is set by the assigned circuit judge. The Faulk County clerk of courts can tell you how to ask. Informal probate under SDCL ch. 29A-3 usually does not involve a hearing because informal proceedings are handled by the clerk of court without notice to interested persons (SDCL 29A-1-201(22)).
Will I have to travel outside Faulk County for probate?
Faulk County filings are made at the courthouse in Faulkton. 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). Ask the clerk about the schedule for any formal hearing.
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.