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Gregory County, SD Probate Information
Quick facts
| Item | Gregory County information |
|---|---|
| Court | The circuit court in Gregory County, at the Gregory County Courthouse in Burke |
| Courthouse address | 221 E 8th St, Burke, SD 57523 |
| Mailing address | PO Box 430, Burke, SD 57523 |
| Phone | 605-775-2665, clerk of courts in Gregory County |
| Fax | 605-775-2965 |
| Hours | 7:30 a.m. to noon and 12:30 p.m. to 4:00 p.m., Monday through Friday |
| Filing cost | $122.00 in 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 packet or local probate cover sheet is published on the UJS page for Gregory County |
| E-filing | Represented parties file through the Odyssey electronic filing system. A self-represented filer may file electronically but is not required to file electronically (SDCL 15-6-5(e)). |
| Case search | eCourts at ecourts.sd.gov requires free registration and shows docket summaries. Open filings can be read at a courthouse public access terminal during regular hours (SDCL 16-21-8). |
| Remote appearance | The assigned circuit judge decides whether any part of a case can be handled by telephone or video. |
| Website | UJS page for Gregory County |
Before you begin — know the assets and liabilities
Before you file in Gregory County, identify what is actually in the estate: bank and investment accounts, vehicles, land, debts, beneficiary designations, co-owned property, and any will. That asset map determines whether the family needs a court appointment, letters, a creditor process, or a non-court transfer route.
Sunset's estate settlement workflow includes asset discovery across more than 2,300 financial institutions, so families can find accounts before choosing a filing path. That helps prevent opening a Gregory County case too early, missing a liability, or asking the clerk of courts for papers that do not match the assets.
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 Gregory 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).
Gregory County is in the Sixth Judicial Circuit, one of the seven judicial circuits set out in South Dakota law (SDCL 16-5-1.2). The Sixth Judicial Circuit includes Bennett, Gregory, Haakon, Hughes, Hyde, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, and Tripp Counties, and it has four circuit court judges (SDCL 16-6-1).
Venue for the first informal or formal testacy or appointment 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). Burke is the Gregory County seat and the courthouse town.
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 court work and secure prompt disposition of cases (SDCL 16-2-21). That does not decide whether a particular hearing will be in person, by telephone, by video, or avoided because the matter is informal.
The jurisdiction process
- Decide whether you are using an informal application or a formal petition. An application is a written request to the clerk of court for an informal matter, while a petition is a written request to the court for an order after notice (SDCL 29A-1-201(3), (35); SDCL ch. 29A-3).
- Prepare the filing packet for Gregory County. If there is a will, the application must state whether the original will is in the possession of the court or accompanies the application, and you should ask the clerk of courts how to lodge the original will (SDCL 29A-3-301(2)(i)).
- File with the clerk of courts in Gregory County at 221 E 8th St, Burke, SD 57523, or mail the papers to PO Box 430, Burke, SD 57523. Represented parties file through Odyssey, and a self-represented filer may file electronically but is 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 under SDCL 16-2-29.2. The total is $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1.
- If the matter is informal, the clerk of courts reviews the application, makes the required 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, 29A-3-303, 29A-3-307). A judge of the circuit court may also perform acts that Title 29A assigns to the clerk of court (SDCL 29A-1-307).
- If the matter requires notice and a hearing, coordinate scheduling through the clerk of courts. Whether any part can be handled by telephone or video is set by the assigned circuit judge.
- After appointment, qualify before letters issue. Letters testamentary are used where there is a will, and letters of administration are used where there is not; administration begins when letters issue (SDCL 29A-1-201(26); SDCL 29A-3-601; SDCL 29A-3-103). A bond is not required unless the court concludes one is in the estate's best interests (SDCL 29A-3-603).
- Administer the estate after appointment. Give required information to heirs, devisees, and the State Department of Social Services in Pierre within fourteen days where Title 29A requires it, handle creditor notices under SDCL 29A-3-801, and make the inventory and appraisement available within six months after appointment or nine months after death, whichever is later (SDCL ch. 29A-3; SDCL 29A-3-705; SDCL 29A-3-706).
- Close the estate by the correct closing path. Closing is handled by the personal representative's sworn closing statement or by a court order of complete settlement after notice and hearing (SDCL 29A-3-1003; SDCL 29A-3-1001).
Forms and documents
Probate forms in Gregory County
No county-specific probate packet or local probate cover sheet is published on the UJS page for Gregory 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.
A creditor's statement of claim is a form prescribed by rule in SDCL ch. 29A-3, Appendix A, and a filer who cannot afford the cost can ask about the fee waiver process under SDCL 16-2-29.2. For Gregory County estate settlement paperwork, call the clerk of courts at 605-775-2665 before mailing or bringing papers to the courthouse.
Local nuance
Gregory County-specific considerations
| Local point | What it means for a Gregory County filing |
|---|---|
| Shorter public counter day | The clerk of courts office is open 7:30 a.m. to noon and 12:30 p.m. to 4:00 p.m., Monday through Friday. Plan around the noon closure and the 4:00 p.m. close. |
| No email address published | Use the phone number, mail, or the courthouse counter. The published phone number for the clerk of courts in Gregory County is 605-775-2665. |
| Mailing address | Mail can be sent to PO Box 430, Burke, SD 57523. Ask the clerk how to handle an original will before sending it. |
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The Unified Judicial System Schedule of Court Costs took effect for civil filings, listing $122.00 in total court costs for a probate estate: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. |
Scenarios
| Persona | Likely Gregory County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Separate property that passes by co-ownership or beneficiary designation from assets that need court authority. If a Gregory County case must be opened, file with the clerk of courts at 221 E 8th St, Burke, or mail to PO Box 430, Burke, SD 57523. | Sunset helps identify accounts, debts, beneficiary designations, and title issues so the spouse can avoid filing for assets that already pass outside the court case. |
| Out-of-state adult child with small estate | Check the personal-property affidavit route before opening a case at all (SDCL 29A-3-1201). If a Gregory County filing is needed, a self-represented filer may file electronically but is not required to, and may mail papers to PO Box 430 (SDCL 15-6-5(e)). | Sunset helps collect institution information, organize the family's asset list, and prepare a practical estate settlement plan before the child travels or mails papers. |
| Parent settling predeceased child's estate, home must be sold | A sale normally needs an appointed personal representative holding letters. File with the clerk of courts in Gregory County; the clerk appoints the personal representative once at least 120 hours have passed since death and issues letters testamentary or letters of administration once qualified (SDCL 29A-3-302; SDCL 29A-3-307; SDCL 29A-3-601; SDCL 29A-3-103). Budget $122.00 in total court costs, effective July 1, 2026 (SDCL 16-2-29; SDCL 16-2-39; SDCL 14-6-1). | Sunset helps the parent find assets, track liabilities, prepare a packet for attorney review, and connect with local counsel when a home sale requires court authority. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| SD Law Help | Online intake that routes an application to the most appropriate legal services program. It should not be treated as a promise of probate representation. | sdlawhelp.org |
| State Bar of South Dakota Lawyer Referral Service | Lawyer referral for people who need to consult a South Dakota attorney. | findalawyerinsd.com; 800-952-2333 |
| South Dakota Free Legal Answers | Civil legal-questions service linked by the Unified Judicial System. | sd.freelegalanswers.org |
| UJS Legal Form Help Line | Answers questions about UJS forms and cannot provide legal advice. Because the UJS does not publish a statewide probate form set, use it only for form-related questions within its scope. | 1-855-784-0004 |
| Gregory County clerk of courts | Can provide filing logistics, fee information, case file information, and scheduling directions, but court staff cannot provide legal advice or tell you what words to use in your papers. | 605-775-2665; 221 E 8th St, Burke, SD 57523 |
When to hire an attorney
How Sunset helps
Find the accounts and assets
Sunset searches across more than 2,300 financial institutions, helps identify debts and beneficiary designations, and organizes the asset picture before a Gregory County filing decision is made.
Generate the probate packet
Sunset turns the family's information into an organized estate settlement packet for review, including the people, assets, liabilities, and court-contact details needed for the clerk of courts or a lawyer.
Find a local probate attorney
When the estate needs legal judgment, such as a home sale, contested priority, or a formal petition under SDCL ch. 29A-3, Sunset helps connect the family with a local probate attorney.
Sunset is free for families
Sunset is free for families. The platform helps you understand the work, gather the right information, and decide when professional help is worth bringing into the estate settlement process.
Frequently asked questions
Where do I file probate in Gregory County?
File with the clerk of courts in Gregory County at the Gregory County Courthouse, 221 E 8th St, Burke, SD 57523. Mail can be sent to PO Box 430, Burke, SD 57523.
What are the clerk's hours in Burke?
The clerk of courts office is open 7:30 a.m. to noon and 12:30 p.m. to 4:00 p.m., Monday through Friday. No time zone is published for this office.
Does the Gregory County clerk of courts have an email address?
No email address is published for the Gregory County clerk of courts. Use the phone number, 605-775-2665, or mail papers to PO Box 430, Burke, SD 57523.
Do I have to file electronically in Gregory County if I represent myself?
A self-represented filer may file electronically through Odyssey, but is not required to file electronically. Represented parties file through the Odyssey electronic filing system with the clerk of the court (SDCL 15-6-5(e)).
How much does it cost to file probate in Gregory County?
The total court costs to open a probate estate are $122.00, 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. Ask the clerk about payment methods before you file.
What probate paperwork is published for Gregory County?
No county-specific probate packet or local probate cover sheet is published on the UJS page for Gregory County. 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.
Can I look up a Gregory County probate case online?
Use eCourts at ecourts.sd.gov. Free registration is required, and the public tier shows docket summaries rather than filing images. Open filings can be read at a courthouse public access terminal during regular business hours (SDCL 16-21-8).
Will I have to travel to another county for a hearing in a Gregory County estate?
Many informal matters are handled by the clerk of courts without advance notice to interested persons (SDCL 29A-1-201(22); 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 each county seat in the circuit as necessary (SDCL 16-2-21).
Can I appear by phone or video in a Gregory County probate case?
The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the Gregory County clerk of courts how to make that request.
Who reviews an informal application in Gregory County?
In an informal proceeding, the clerk of courts reviews the application, makes the findings required by state law, issues the written statement of informal probate, and appoints the personal representative once at least 120 hours have passed since the 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).
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.