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Haakon County, SD Probate Information
Quick facts
| Item | Haakon County details |
|---|---|
| Court | The circuit court in Haakon County, served by the clerk of courts in Haakon County |
| Courthouse address | 140 South Howard, Philip, SD 57567 |
| Mailing address | PO Box 70, Philip, SD 57567 |
| Phone | 605-859-2627 |
| Fax | 605-859-2257. This is a contact detail only. Ask the clerk how filings must be delivered. |
| Hours | 8:00 a.m. to noon MT, Monday through Friday |
| Filing fee | $122.00 total court costs, effective July 1, 2026. This is made up of a $75.00 probate filing fee (SDCL 16-2-29), a $40.00 court automation surcharge (SDCL 16-2-39), and a $7.00 county law library fee (SDCL 14-6-1). |
| Local forms | The UJS Haakon County page does not publish a county probate packet or county probate cover sheet. |
| E-filing | Represented parties file through the Odyssey electronic filing system. 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 provides docket summaries after free registration. Public document access is through a courthouse public access terminal during regular 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 Haakon County clerk of courts how to request it. |
| Court website | https://ujs.sd.gov/court-finder/sixth-judicial-circuit/haakon-county/ |
Before you begin — know the assets and liabilities
Before you file in Haakon County, make a working list of the decedent's accounts, debts, land, vehicles, personal property, and any beneficiary designations. The right filing path depends on what must be transferred, who has priority to serve, and whether a will exists.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then helps organize the information needed for the Haakon County probate packet or for a local attorney review.
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 Haakon 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 Haakon County is filed with the clerk of courts at the county courthouse in Philip. Haakon County is one of the 14 counties in the Sixth 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 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 at death (SDCL 29A-3-201).
The jurisdiction process
- Identify the assets, debts, will, heirs, and devisees before choosing what to file. If the estate needs a personal representative, prepare an application for informal probate or informal appointment for the clerk of court, or a petition for formal probate if a judge must decide the matter (SDCL 29A-1-201; SDCL 29A-3).
- File with the Haakon County clerk of courts at 140 South Howard, Philip, SD 57567, or mail papers to PO Box 70, Philip, SD 57567. Because the counter is open 8:00 a.m. to noon MT, Monday through Friday, call 605-859-2627 before traveling.
- Pay the $122.00 total court costs, effective July 1, 2026, unless a fee waiver is granted. The total includes the $75.00 probate 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 motion to waive fees is governed by SDCL 16-2-29.2 to 16-2-29.4.
- Use Odyssey electronic filing if you are represented. If you are self-represented, you may file electronically, but you are not required to file electronically (SDCL 15-6-5(e)). Ask the clerk how to lodge any original will because that handling was not established by the statewide rule.
- If the matter is informal, the clerk of court reviews the application without advance notice to interested persons, makes the findings required by Title 29A, and may issue a written statement of informal probate or appoint the personal representative after one hundred twenty hours have passed since death (SDCL 29A-3-302, 29A-3-303, 29A-3-307).
- If the matter is formal, the case proceeds before a judge with notice to interested persons (SDCL 29A-1-201; SDCL 29A-3). Ask the clerk how hearing scheduling works in Haakon County and whether the assigned circuit judge will allow any telephone or video participation.
- After appointment, qualify as personal representative by filing the required acceptance and any required bond before receiving letters testamentary or letters of administration (SDCL 29A-3-601; SDCL 29A-3-103). A bond is not required unless the court concludes that a bond is in the best interests of the estate (SDCL 29A-3-603).
- Administer the estate by gathering assets, giving required notices, handling creditor claims, preparing the inventory and appraisement, paying valid expenses, and distributing property. The inventory is prepared within six months after appointment, or nine months after the decedent's death, whichever is later, and may be filed with the court (SDCL 29A-3-706).
- Close the estate when administration is complete. A personal representative may use a closing statement after the statutory waiting period, or the court may enter an order of complete settlement after the required process (SDCL 29A-3-1003; SDCL 29A-3-1001).
Forms and documents
Probate forms in Haakon 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.
The UJS Haakon County page does not publish a county probate packet or county probate cover sheet. For estate settlement filings in Philip, call the clerk of courts at 605-859-2627 before you travel, because the counter is open mornings only.
Local nuance
Haakon County-specific considerations
| Local point | What it means for a Haakon County filing |
|---|---|
| Morning counter hours | The clerk of courts is open 8:00 a.m. to noon MT, Monday through Friday. Plan filings, certified-copy requests, and public-terminal use for the morning window. |
| Courthouse city spelling | The courthouse city is Philip. Use that spelling in mailing labels and filings. |
| Separate Court Services office | The Haakon County page also lists a Court Services office in Pierre. Court Services handles probation and supervision matters, not estate filings. Probate papers for Haakon County go to the clerk of courts in Philip. |
| Fax number | The published fax number is 605-859-2257. Do not assume a faxed filing is accepted. Ask the clerk how the specific document must be delivered. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Haakon County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming what passes outside probate and what still needs a personal representative. If a filing is needed, use the clerk of courts at 140 South Howard in Philip or mail to PO Box 70, and plan any visit before noon MT. | Sunset helps identify accounts, property, debts, and beneficiary designations so the spouse can decide what belongs in the estate settlement plan. |
| Out-of-state adult child with small estate | If a Haakon County filing is needed, a self-represented filer may mail papers to PO Box 70, Philip, SD 57567, or may file electronically, but is not required to file electronically (SDCL 15-6-5(e)). If an affidavit route is being considered, review the personal-property affidavit statute before using it (SDCL 29A-3-1201). | Sunset organizes the asset list and can help generate a packet for attorney review or clerk filing, reducing avoidable back-and-forth from outside South Dakota. |
| Parent settling predeceased child's estate, home must be sold | A sale ordinarily needs an appointed personal representative with letters. The clerk of court may appoint after one hundred twenty hours have passed since death, and letters are issued 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 (SDCL 16-2-29; SDCL 16-2-39; SDCL 14-6-1). | Sunset helps find the home-related debts, mortgage or tax accounts, bank accounts, and sale documents that a lawyer or personal representative may need. |
Self-help resources
| Resource | How it helps in Haakon County | Contact |
|---|---|---|
| Haakon County clerk of courts | Accepts Haakon County probate filings, answers procedural questions, provides case-file information, and can explain how to ask the assigned circuit judge about telephone or video participation. Court staff cannot provide legal advice or choose wording for your papers. | 140 South Howard, Philip, SD 57567. Phone 605-859-2627. Hours 8:00 a.m. to noon MT, Monday through Friday. |
| eCourts | Provides docket-summary access for public cases after free registration. The public tier does not provide online document access. Public document viewing is available through a courthouse public access terminal during clerk hours (SDCL 16-21-8). | ecourts.sd.gov |
| Fee waiver forms | A person who cannot afford the filing fee may request a waiver under SDCL 16-2-29.2 to 16-2-29.4. The UJS fee-waiver form is separate from the probate filing itself. | UJS fee-waiver self-help page |
| SD Law Help | Statewide online intake for nonprofit legal-help routing. Haakon County is not on East River Legal Services' published 33-county list, so use SD Law Help as the intake front door rather than guessing which program may respond. | sdlawhelp.org |
| State Bar of South Dakota lawyer referral | Helps families find a South Dakota lawyer for probate, land-sale issues, creditor problems, or contested appointments. | findalawyerinsd.com. 800-952-2333. |
| 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 this as a general court-form resource only. | 1-855-784-0004 |
When to hire an attorney
Consider a South Dakota probate attorney if the estate includes land to sell, unclear heirs, creditor disputes, a contested will, a need for formal probate, or questions about whether an affidavit route is appropriate under SDCL 29A-3-1201 or SDCL 29A-3-1203. Counsel is also useful for out-of-state family members who cannot easily appear in Philip during morning clerk hours. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, balances, and assets that may belong in the estate settlement plan.
Generate the probate packet. Sunset turns the asset list, family information, and court requirements into an organized probate packet for the Haakon County clerk of courts or for attorney review.
Find a local probate attorney. When a filing needs legal judgment, Sunset can connect the family with a vetted South Dakota probate attorney who understands circuit court practice.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, find assets, and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Haakon County?
File with the clerk of courts at the Haakon County Courthouse, 140 South Howard, Philip, SD 57567, or mail papers to PO Box 70, Philip, SD 57567. Probate belongs in the county of the decedent's domicile at death, or, for a non-South Dakota decedent, a county where the decedent's property was located (SDCL 29A-3-201).
What are the clerk's hours in Philip?
The Haakon County clerk of courts is open 8:00 a.m. to noon MT, Monday through Friday. Call 605-859-2627 before you travel, especially if you need to file papers, use the public access terminal, or request certified copies.
Is Haakon County's estate filing office in Pierre?
No. Probate filings for Haakon County go to the clerk of courts in Philip. The UJS Haakon County page also lists a separate Court Services office in Pierre, but that office is not the estate filing counter.
Do I have to e-file in Haakon County?
If you are represented, filings are made through the Odyssey electronic filing system. If you are self-represented, you may file electronically, but you are not required to file electronically (SDCL 15-6-5(e)). You may use the clerk counter or mail, subject to the clerk's instructions for the specific paper.
How much does probate cost in Haakon County?
The estate filing costs $122.00 total, effective July 1, 2026. The total is $75.00 for the probate filing fee (SDCL 16-2-29), $40.00 for the court automation surcharge (SDCL 16-2-39), and $7.00 for the county law library fee (SDCL 14-6-1).
Are Haakon County probate forms posted online?
The UJS Haakon County page does not publish a county probate packet or county probate cover sheet. The South Dakota Unified Judicial System publishes form sets and guided interviews for several self-represented case types, but it does not publish a statewide probate form set.
Can I look up a Haakon County probate case online?
Use eCourts at ecourts.sd.gov. Free registration is required, and the public tier provides docket summaries rather than online documents. Public document viewing is available through a courthouse public access terminal during regular clerk hours (SDCL 16-21-8).
Will I have to travel to Philip for every step?
Not necessarily, but do not assume everything can be handled without a visit. Self-represented filers may mail papers or file electronically under SDCL 15-6-5(e), and informal probate is handled by the clerk of court without advance notice to interested persons under SDCL 29A-1-201(22) and SDCL 29A-3. If a hearing is set, telephone or video participation is up to the assigned circuit judge.
Does East River Legal Services serve Haakon County?
Haakon County is not on East River Legal Services' published 33-county list. Use SD Law Help at sdlawhelp.org as the intake starting point, or use the State Bar of South Dakota lawyer referral service at findalawyerinsd.com.
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.