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Hutchinson County, SD Probate Information
Quick facts
| Item | Hutchinson County information |
|---|---|
| Court | The circuit court in Hutchinson County, First Judicial Circuit (SDCL 16-5-1.2) |
| Courthouse address | Hutchinson County Courthouse, 201 West Mentor Street, Room 142, Olivet, SD 57052-2103 |
| Mailing address | 201 West Mentor Street, Room 142, Olivet, SD 57052-2103. The Unified Judicial System lists no separate post office box for the clerk of courts. |
| Phone | 605-387-4215, clerk of courts in Hutchinson County |
| Fax | 605-387-5035. Use as a contact detail only, and ask the clerk how filings must be delivered. |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Thursday. The office is closed Fridays. |
| Filing fee | $122.00 total court costs to open a probate estate, effective July 1, 2026: $75.00 probate 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 | Hutchinson County lists no county-specific estate-opening packet or local probate cover sheet. The Unified Judicial System does not publish a statewide probate form set. |
| E-filing | 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 file electronically (SDCL 15-6-5(e)). |
| Case search | eCourts at https://ecourts.sd.gov provides docket summaries for public cases after free registration. The public tier does not include document viewing or purchase; public documents can be viewed at courthouse public access terminals (SDCL 16-21-8). |
| Remote handling | The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the clerk of courts in Hutchinson County how to request it. |
| Website | https://ujs.sd.gov/court-finder/first-judicial-circuit/hutchinson-county/ |
Before you begin — know the assets and liabilities
Before you file anything in Hutchinson County, identify what the decedent owned, how each asset was titled, whether beneficiary designations exist, and what debts or expenses may need attention. Estate settlement moves faster when you know which accounts, land, vehicles, policies, and bills actually belong in the estate.
Sunset helps families start with asset discovery across 2,300 financial institutions, then organizes the information you need to decide whether a Hutchinson County filing is necessary or whether a lawyer should review the path first.
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 Hutchinson 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).
Hutchinson County is one of the 14 counties in the First Judicial Circuit: Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, McCook, Turner, Union, and Yankton (SDCL 16-5-1.2). 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 (SDCL 29A-3-201).
State law directs the presiding judge to arrange that a circuit judge is 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 prompt disposition of cases (SDCL 16-2-21). That is a scheduling rule for the circuit, not a promise that every hearing will be held in Olivet.
The jurisdiction process
- Confirm venue and collect the core documents. For Hutchinson County, venue depends on the decedent's domicile at death, or South Dakota property if the decedent was not domiciled in the state (SDCL 29A-3-201). Gather the death certificate, any will, asset information, debt information, and the names and addresses of heirs and devisees.
- Prepare the correct opening paper. An informal matter uses an application to the clerk of court, while a formal matter uses a petition to the court after notice (SDCL 29A-1-201(3), (35); SDCL ch. 29A-3). The South Dakota 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.
- File with the clerk of courts in Hutchinson County at 201 West Mentor Street, Room 142, Olivet, SD 57052-2103. The office is open 8:00 a.m. to 4:30 p.m., Monday through Thursday, and closed Fridays. Call 605-387-4215 before you travel, and ask how the original will should be delivered if there is one.
- Pay the opening cost or request a waiver if needed. 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. A filer who cannot afford the filing cost can ask about the fee waiver process under SDCL 16-2-29.2.
- Handle notices after appointment. A personal representative must give the required information to heirs and devisees and to the State Department of Social Services in Pierre within fourteen days after appointment, with the court certification required by South Dakota probate law (SDCL 29A-3-705). Creditor notices are handled under SDCL 29A-3-801.
- Address hearing and scheduling questions. Informal proceedings are conducted without notice to interested persons by the clerk of court (SDCL 29A-1-201(22); SDCL ch. 29A-3). Formal proceedings are conducted before a judge with notice to interested persons (SDCL 29A-1-201(18); SDCL ch. 29A-3). Whether any part of a Hutchinson County case can be handled by telephone or video is set by the assigned circuit judge.
- Obtain authority to act. In an informal proceeding, the clerk of courts reviews the application, makes the findings state law requires, issues the written statement of informal probate, 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, 29A-3-303, 29A-3-307, 29A-3-601, 29A-3-103). State law also allows a judge of the circuit court to perform acts assigned to the clerk of court (SDCL 29A-1-307).
- Administer and close the estate. The personal representative gathers assets, deals with creditor claims, keeps interested persons informed, and completes the inventory and appraisement within six months after appointment or nine months after the decedent's death, whichever is later (SDCL 29A-3-706). A closing statement may be filed after the statutory waiting period when the estate is ready to close (SDCL 29A-3-1003).
Forms and documents
Probate forms in Hutchinson County
Hutchinson County lists no county-specific estate-opening packet or 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 creditor form, the Statement of Claim, at SDCL ch. 29A-3, Appendix A. A claimant may file a written statement of claim with the clerk of the court (SDCL 29A-3-804(a)(1)); that is not the estate-opening packet for a family member seeking appointment as personal representative.
Local nuance
Hutchinson County-specific considerations
| Local point | Why it matters |
|---|---|
| Four-day clerk schedule | The clerk of courts office is open 8:00 a.m. to 4:30 p.m., Monday through Thursday, and is closed Fridays. Call 605-387-4215 before driving to Olivet, especially if you need to deliver an original will or pay the $122.00 court costs, effective July 1, 2026, under SDCL 16-2-29, SDCL 16-2-39, and SDCL 14-6-1. |
| Room 142 address | Use 201 West Mentor Street, Room 142, Olivet, SD 57052-2103 for the clerk of courts. Some older directory-style references may point to a different street or room, but the Hutchinson County UJS page lists Room 142 at West Mentor Street. |
| Court Services is separate | The Hutchinson County page lists a temporary Court Services office in Parker for Court Services. That is a separate function from the clerk of courts and is not the filing counter for a Hutchinson County estate. |
Recent updates
| Date | Update | Why it matters |
|---|---|---|
| July 1, 2026 | The Unified Judicial System Schedule of Court Costs took effect, listing $122.00 in 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. | This is the amount a Hutchinson County filer pays today to open a probate estate, unless a fee waiver is granted under SDCL 16-2-29.2. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Hutchinson County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ 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 Hutchinson County at 201 West Mentor Street, Room 142, Olivet, SD 57052-2103. Call 605-387-4215 first and ask how to get any original will to the office. | Sunset helps identify accounts, beneficiary designations, and title clues before the spouse spends time and money opening an estate settlement case. |
| Out-of-state adult child w/ small estate | Review the South Dakota personal-property affidavit route under SDCL 29A-3-1201 before opening a Hutchinson County case. If a filing is needed, a self-represented filer may file electronically, but is not required to file electronically (SDCL 15-6-5(e)). | Sunset organizes account information and documents so the child can decide whether to ask the clerk about filing, mailing, or getting local legal help. |
| 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 Hutchinson County at 201 West Mentor Street, Room 142, Olivet, SD 57052-2103. 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, 29A-3-307, 29A-3-601, 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 build the asset list, generate a probate packet, and connect the parent with a local probate attorney when a sale, title issue, or creditor issue needs legal judgment. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Hutchinson County clerk of courts | Use this office for filing questions, current counter hours, and how to deliver papers for a Hutchinson County estate. | 201 West Mentor Street, Room 142, Olivet, SD 57052-2103; 605-387-4215; https://ujs.sd.gov/court-finder/first-judicial-circuit/hutchinson-county/ |
| South Dakota eCourts | Provides docket summaries for public cases after free registration. eCourts does not provide public online document access; public documents can be viewed at courthouse public access terminals at no charge during regular business hours (SDCL 16-21-8). | https://ecourts.sd.gov |
| Fee waiver forms | A filer who cannot afford the $122.00 court costs, effective July 1, 2026, can review the Motion, Affidavit, and Order to Waive Filing Fee and Service of Process Fee process (SDCL 16-2-29; SDCL 16-2-29.2). | https://ujs.sd.gov/self-help/civil-law-help/fee-waivers/ |
| How the court assists | Court staff can provide general information about rules, procedures, practices, and case file information, and can check papers for completeness. Court staff cannot provide legal advice, fill out a form for you, or tell you what words to use. | https://ujs.sd.gov/self-help/understanding-the-courts/how-the-court-assists/ |
| SD Law Help | Online intake for nonprofit legal aid groups serving South Dakota and local Tribal Nations. Intake is routed to the appropriate legal services program. | https://sdlawhelp.org |
| East River Legal Services | Hutchinson County is on East River Legal Services' eastern county list. Its listed practice areas are family, housing, consumer, and public benefits, so ask directly whether your issue fits its services. | 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104; toll-free 1-800-952-3015; https://erlservices.org |
| State Bar of South Dakota Lawyer Referral Service | Helps families look for a South Dakota lawyer when a probate filing, real estate sale, creditor dispute, or family disagreement needs legal advice. | 800-952-2333; https://findalawyerinsd.com |
When to hire an attorney
Legal counsel often makes sense when the will is disputed, heirs do not agree, land must be sold, creditor claims are expected, the decedent lived outside South Dakota, or the family is unsure whether an application or a petition is the right filing under SDCL ch. 29A-3. Court staff can explain general procedure, but they cannot provide legal advice or write the papers for you. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 financial institutions and helps organize the accounts, insurance, debts, real estate clues, and contact information that drive estate settlement decisions.
Generate the probate packet. Sunset turns the family intake into an organized set of documents and next steps for the Hutchinson County clerk of courts or for the lawyer reviewing the filing.
Find a local probate attorney. When the estate needs legal judgment, Sunset helps connect the family with a probate attorney who can advise on South Dakota procedure, real estate, creditor issues, and family disputes.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, find assets, and understand what to ask the clerk of courts or an attorney before they spend money on unnecessary filings.
Frequently asked questions
Where do I file probate in Hutchinson County?
File with the clerk of courts at the Hutchinson County Courthouse, 201 West Mentor Street, Room 142, Olivet, SD 57052-2103. Probate is handled by the circuit court in Hutchinson County, and venue depends on the decedent's domicile at death or South Dakota property if the decedent was not domiciled in the state (SDCL 29A-3-201).
What are the clerk's hours in Hutchinson County?
The clerk of courts office is open 8:00 a.m. to 4:30 p.m., Monday through Thursday, and is closed Fridays. Call 605-387-4215 before you drive to Olivet.
Do I have to e-file in Hutchinson County if I am handling probate myself?
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 file electronically (SDCL 15-6-5(e)). Ask the clerk of courts how to deliver paper filings and any original will.
How much does it cost to file probate in Hutchinson 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. A filer who cannot afford the cost can ask about a fee waiver under SDCL 16-2-29.2.
Are there Hutchinson County probate forms?
Hutchinson County lists no county-specific estate-opening packet or local probate cover sheet. The 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 Hutchinson County probate case online?
Use eCourts at https://ecourts.sd.gov for docket summaries after free registration. eCourts provides summary information for public cases, but the public tier does not include viewing or purchasing documents. Public documents can be viewed at courthouse public access terminals at no charge during regular business hours (SDCL 16-21-8).
Will I have to travel to another county for a hearing in a Hutchinson County estate?
Many informal estates are handled by the clerk of court without notice to interested persons, so that route does not depend on a judge hearing at the start (SDCL 29A-1-201(22); SDCL ch. 29A-3). If a hearing is needed, state law directs the presiding judge to arrange that a circuit judge is available to hold court in the county seat of each county in the circuit as necessary (SDCL 16-2-21), but the exact scheduling decision belongs to the court.
Can part of a Hutchinson County probate case be handled by phone or video?
The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the clerk of courts in Hutchinson County how to request that scheduling direction.
Who reviews an informal application in Hutchinson County?
In an informal proceeding, the clerk of courts reviews the application, makes the statutory findings, issues the written statement of informal probate, and appoints the personal representative once the requirements are met (SDCL 29A-3-302, 29A-3-303, 29A-3-307). A judge of the circuit court may also perform acts assigned to the clerk of court (SDCL 29A-1-307).
Can I mail probate papers to the Hutchinson County clerk of courts?
The Unified Judicial System lists the same address for the clerk of courts: 201 West Mentor Street, Room 142, Olivet, SD 57052-2103. Because no separate post office box is listed, call 605-387-4215 and ask how the clerk wants papers and any original will delivered.
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.