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Hughes County, SD Probate Information
Quick facts
| Item | Hughes County detail |
|---|---|
| Court | The circuit court in Hughes County, at the Hughes County Courthouse in Pierre |
| Courthouse address | 104 East Capitol Avenue, Pierre, SD 57501 |
| Mailing address | PO Box 1238, Pierre, SD 57501 |
| Clerk of courts phone | 605-773-3713 |
| Fax | 605-773-3875, for contact only |
| Hours | 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday |
| Opening cost | $122.00 total court costs, effective July 1, 2026: $75.00 filing fee 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 |
| Local forms | No Hughes County-specific probate packet or cover sheet is posted on the Hughes County UJS page |
| E-filing status | Represented parties file through the Odyssey electronic filing system with the clerk of the court. Self-represented parties may file electronically but are not required to under SDCL 15-6-5(e). |
| Case search | eCourts at https://ecourts.sd.gov/. Free registration is required; the public tier shows docket summaries, not documents. Publicly available electronic documents can be viewed at a courthouse public access terminal under SDCL 16-21-8. |
| Remote appearance | The assigned circuit judge sets whether any telephone or video handling will be used. Ask the Hughes County clerk of courts how to make the request. |
| Court website | https://ujs.sd.gov/court-finder/sixth-judicial-circuit/hughes-county/ |
Before you begin — know the assets and liabilities
Before you file in Hughes County, make a working list of the decedent's accounts, vehicles, real estate, debts, beneficiaries, and any will. Estate settlement goes faster when you know what exists, what is co-owned, and what may pass outside the court case.
Sunset helps families search across more than 2,300 financial institutions, organize asset and liability details, and prepare a probate packet for local filing. That groundwork helps you decide what to bring to the Hughes County clerk of courts and what questions to ask before a counter visit during the midday 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 Hughes 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 Hughes County is filed with the clerk of courts at the county courthouse in Pierre. Hughes 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 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).
The jurisdiction process
- Choose the local filing point. A Hughes County case is filed with the clerk of courts at the Hughes County Courthouse, 104 East Capitol Avenue in Pierre.
- Prepare the right opening papers. Informal probate or informal appointment uses an application to the clerk of court under SDCL 29A-3; formal probate uses a petition to the court under SDCL 29A-3.
- Account for the original will. If there is a will, the application must state whether the original is in the court's possession or accompanies the application, and you should ask the clerk of courts how to lodge the original.
- File the papers and pay the opening cost. The estate opening cost is $122.00, effective July 1, 2026: $75.00 filing fee 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. A fee waiver request is made under SDCL 16-2-29.2 through SDCL 16-2-29.4.
- Use the correct filing method. Represented parties file through Odyssey; self-represented parties may file electronically but are not required to under SDCL 15-6-5(e), and may bring papers to the clerk of courts counter during Hughes County counter hours.
- Track notice duties after appointment. After appointment, follow Title 29A notice duties, including written information to heirs and devisees and the State Department of Social Services in Pierre under SDCL 29A-3. Creditor publication, if used, is governed by SDCL 29A-3-801.
- Ask how any hearing will be scheduled. Informal proceedings under SDCL 29A-3 are handled by the clerk of court without advance notice to interested persons, while formal proceedings under SDCL 29A-3 are handled before a judge with notice.
- Ask before planning any telephone or video participation. Whether any part of a case can be handled that way is set by the assigned circuit judge, and the Hughes County clerk of courts can say how to ask.
- Receive authority after appointment and qualification. Administration begins when letters testamentary or letters of administration are issued under SDCL 29A-3-103.
- Administer and close the estate. The personal representative gathers assets, pays proper expenses and claims, distributes property, and uses a closing statement under SDCL 29A-3-1003 or seeks an order of complete settlement under SDCL 29A-3-1001 when that path is needed.
Forms and documents
Probate forms in Hughes County
No Hughes County-specific probate packet or cover sheet is posted on the Hughes County UJS 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.
A creditor's statement of claim form is prescribed in SDCL ch. 29A-3, Appendix A, and fee waiver papers are available through the UJS fee waiver process under SDCL 16-2-29.2 through SDCL 16-2-29.4.
Local nuance
Hughes County-specific considerations
| Local point | Why it matters |
|---|---|
| Midday closure | The Hughes County clerk of courts counter hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. Plan counter visits outside the noon hour. |
| Pierre has statewide court offices | Pierre is the state capital, but a Hughes County estate filing uses the Hughes County clerk of courts contact at 104 East Capitol Avenue, not a statewide court administration contact. |
| Court Services is separate | A Court Services office is listed at the same street with a different suite and different phone and fax numbers. Estate filings go through the Hughes County clerk of courts. |
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The South Dakota Schedule of Court Costs lists $122.00 total court costs to open a probate estate: $75.00 filing fee 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. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying how the home and accounts are titled. If a Hughes County filing is needed, file with the clerk of courts at the Hughes County Courthouse in Pierre under the venue rule in SDCL 29A-3-201. | Sunset helps identify accounts, organize title information, and prepare the estate settlement packet for local review. |
| Out-of-state adult child w/ small estate | If assets may qualify for the personal property affidavit route, review SDCL 29A-3-1201 before opening a Hughes County case. If a case is needed, ask the clerk of courts how to handle filing from out of state and how the assigned circuit judge handles any telephone or video request. | Sunset helps locate assets, flag missing institution information, and connect you with local counsel when travel or authority questions come up. |
| Parent settling predeceased child's estate, home must be sold | Confirm title, liens, and whether court authority is needed before listing the home. If the facts fit the real property by affidavit route, SDCL 29A-3-1203 uses the register of deeds rather than a court filing; otherwise, a Hughes County probate filing may be needed. | Sunset helps build the asset list, organize real estate and debt details, and generate documents for attorney review or filing. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| SD Law Help | Use this intake route to ask for civil legal help. Ask directly whether a program can assist with estate settlement. | https://sdlawhelp.org/ |
| State Bar of South Dakota Access to Justice | State Bar program based in Pierre. | 111 West Capitol Avenue #1, Pierre, SD 57501; 855-287-3510 |
| State Bar of South Dakota Lawyer Referral Service | Lawyer referral service for finding a South Dakota attorney. | https://findalawyerinsd.com/; 800-952-2333 |
| South Dakota Free Legal Answers | Civil legal-questions service linked by the UJS. | https://sd.freelegalanswers.org/ |
| UJS Legal Form Help Line | Answers questions about UJS forms, but does not provide legal advice. | 1-855-784-0004 |
| Hughes County clerk of courts | Provides filing logistics, case file information, and counter access for Hughes County estate filings. Court staff cannot provide legal advice or fill out papers for you. | 605-773-3713; 104 East Capitol Avenue, Pierre, SD 57501 |
When to hire an attorney
Consider working with a South Dakota probate attorney when heirs disagree, a home must be sold, creditor issues are unclear, the will is disputed, the estate includes property in more than one place, or you are trying to handle the Hughes County case from outside South Dakota. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for bank, investment, retirement, insurance, and other accounts so families have a clearer estate settlement starting point.
Generate the probate packet. Sunset turns the information you provide into organized documents and filing materials for the Hughes County clerk of courts or for attorney review.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect you with a South Dakota probate attorney familiar with circuit court filings.
Sunset is free for families. Families can use Sunset to organize assets, generate documents, and understand next steps without paying a platform fee.
Frequently asked questions
Where do I file probate in Hughes County?
File with the clerk of courts at the Hughes County Courthouse, 104 East Capitol Avenue in Pierre. Venue is based on the decedent's domicile at death, or, for a non-South Dakota decedent, a South Dakota county where the decedent's property was located (SDCL 29A-3-201).
What are the Hughes County clerk of courts hours?
The Hughes County clerk of courts is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. The noon closure matters if you plan to bring estate settlement papers to the counter.
Does Hughes County use e-filing for probate?
Represented parties file through the Odyssey electronic filing system with the clerk of the court. Self-represented parties may file electronically but are not required to under SDCL 15-6-5(e), so a self-represented filer may bring papers to the Hughes County clerk of courts counter.
Is there a Hughes County probate forms packet?
No Hughes County-specific probate packet or cover sheet is posted on the Hughes County UJS page. The filer or lawyer prepares the application, will, and supporting papers for the clerk of courts.
What does it cost to open probate in Hughes County?
The estate opening cost is $122.00, effective July 1, 2026. That total is $75.00 filing fee 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.
Can I look up a Hughes County probate case online?
Use eCourts at https://ecourts.sd.gov/. Free registration is required, and the public tier provides docket summary information rather than documents. Publicly available electronic documents can be viewed at a courthouse public access terminal under SDCL 16-21-8.
Can a Hughes County probate hearing be handled by phone or video?
The assigned circuit judge sets whether any part of a case can be handled by telephone or video. Ask the Hughes County clerk of courts how to make that request.
Does informal probate in Hughes County require a court date?
Informal probate under SDCL 29A-3 is conducted by the clerk of court without advance notice to interested persons. Formal probate under SDCL 29A-3 is conducted before a judge with notice, so the filing path matters.
Do I have to travel to Pierre for a Hughes County estate?
If the case belongs in Hughes County, the filing point is the clerk of courts at the Hughes County Courthouse in Pierre. If you live elsewhere, call the clerk before traveling to ask about counter hours, filing logistics, and how any request for telephone or video handling should be made.
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.