Back to South Dakota
Lawrence County, SD Probate Information
Quick facts
| Item | Lawrence County details |
|---|---|
| Court | The circuit court in Lawrence County, at the Lawrence County Courthouse in Deadwood |
| Courthouse address | 78 Sherman Street, Deadwood, SD 57732 |
| Mailing address | PO Box 626, Deadwood, SD 57732-0626 |
| Phone | 605-578-2040, clerk of courts in Lawrence County |
| Fax | 605-578-1571. Do not assume fax can be used for filing papers. |
| No clerk of courts email is listed for Lawrence County. | |
| Hours | 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday |
| Court costs | $122.00 total to open a probate estate, 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 | Lawrence County does not list a county-specific probate packet or cover sheet on its UJS page. |
| E-filing | Represented parties file through the Odyssey electronic filing system with the clerk of the court; a self-represented filer may file electronically but is not required to, and may bring or mail papers to the clerk of courts counter (SDCL 15-6-5(e)). |
| Case search | eCourts at https://ecourts.sd.gov/ requires free registration and shows docket summaries for public cases. Public access terminals for open court records are available at courthouses under SDCL 16-21-8 and access is governed by SDCL ch. 15-15A. |
| Remote appearance | The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the clerk of courts how to request it. |
| Website | https://ujs.sd.gov/court-finder/fourth-judicial-circuit/lawrence-county/ |
Before you begin — know the assets and liabilities
Before you file anything in Lawrence County, make a working list of the decedent's accounts, real estate, vehicles, debts, beneficiary designations and co-owned property. Probate is only one part of estate settlement, and the first question is which assets actually need court authority.
Sunset can help you organize that picture before you contact the clerk of courts in Deadwood. Sunset's asset discovery searches more than 2,300 institutions, helping families find accounts and assets that may affect whether a Lawrence County case is needed.
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 Lawrence 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 Lawrence County is filed with the clerk of courts at the county courthouse in Deadwood. Lawrence County is one of the eight counties in the Fourth 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 in the county where the decedent was domiciled at death, or, if the decedent was not domiciled in South Dakota, in any county where the decedent's property was located at death (SDCL 29A-3-201). State law also 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).
The jurisdiction process
- Choose the correct opening paper. An application goes to the clerk of court for an informal matter, while a petition goes to the court for an order after notice in a formal matter (SDCL 29A-1-201(3), (35); SDCL ch. 29A-3).
- Prepare the papers. The South Dakota Unified Judicial System does not publish a statewide probate form set, so the application or petition, the will if there is one, and supporting papers are prepared by the filer or by a lawyer.
- File with the clerk of courts in Lawrence County at 78 Sherman Street, Deadwood, SD 57732, or by mail to PO Box 626, Deadwood, SD 57732-0626. The counter closes from noon to 1:00 p.m.; call 605-578-2040 before a midday courthouse trip.
- Use the correct filing method. Represented parties file through the Odyssey electronic filing system with the clerk of the court; a self-represented filer may file electronically but is not required to, and may bring or mail papers to the clerk of courts counter (SDCL 15-6-5(e)).
- Pay the opening court costs or request a waiver. Opening a probate estate costs $122.00 total, 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). A fee waiver may be requested under SDCL 16-2-29.2.
- Expect the route to control notice and hearing steps. In informal probate under SDCL ch. 29A-3, the clerk of courts reviews the application, makes the findings state law requires, and may issue a written statement of informal probate after 120 hours (SDCL 29A-3-302, 29A-3-303). Formal probate under SDCL ch. 29A-3 is before a judge with notice and hearing.
- Ask before planning a remote appearance. Whether any part of a case can be handled by telephone or video is set by the assigned circuit judge, and the clerk of courts in Lawrence County can say how to ask.
- After appointment, qualify for authority and administer the estate. Letters testamentary or letters of administration begin administration after appointment and qualification (SDCL 29A-3-601; SDCL 29A-3-103). The personal representative then gives required notices, handles creditor steps under SDCL 29A-3-801, gathers and distributes assets, and closes through the procedure that fits the case, including a closing statement where allowed (SDCL 29A-3-1003) or an order of complete settlement when requested (SDCL 29A-3-1001).
Forms and documents
Probate forms in Lawrence County
Lawrence County does not list a county-specific probate packet or cover sheet on its UJS page. Call the clerk of courts at 605-578-2040 before you travel to confirm what the office needs with your filing.
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 statement-of-claim form in SDCL ch. 29A-3, Appendix A, connected to creditor claims under SDCL 29A-3-804. That is not the family's opening packet.
Local nuance
Lawrence County-specific considerations
The Lawrence County clerk of courts counter closes for lunch from noon to 1:00 p.m. The listed hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. If you are bringing estate settlement papers to the Lawrence County Courthouse in Deadwood, call 605-578-2040 before a midday trip.
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The UJS court-cost schedule effective July 1, 2026 lists $122.00 total court costs to open a probate estate: $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). |
| August 2026 | The State Court Administrator's Office has proposed to the South Dakota Supreme Court a merger of the Fourth and Seventh Judicial Circuits' administrative structures only. No final decision has been made. Public comment is open through Oct. 1, 2026. The proposal states that it does not close clerk of courts or court services offices and does not change office hours at local courthouses. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Lawrence County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by sorting what passes by co-ownership or beneficiary designation and what still needs court authority. If a Lawrence County case is needed, file with the clerk of courts at 78 Sherman Street in Deadwood, and call 605-578-2040 before a midday visit because the counter closes from noon to 1:00 p.m. | Sunset helps identify accounts, property and beneficiary designations before the spouse spends time and money opening a case. |
| Out-of-state adult child with small estate (SDCL 29A-3-1201) | Check the state guidance on affidavit routes under SDCL 29A-3-1201 before opening a Lawrence County case. If a case is needed, a self-represented filer may file electronically but is not required to, and may mail papers to PO Box 626, Deadwood, SD 57732-0626 (SDCL 15-6-5(e)). | Sunset helps the child gather asset details, organize documents, and decide what questions to ask the clerk or a South Dakota lawyer. |
| Parent settling predeceased child's estate, home must be sold | A sale often requires an appointed personal representative with letters testamentary or letters of administration (SDCL 29A-3-103). File in Lawrence County and budget $122.00 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). | Sunset helps organize asset information, generate the starting packet, and connect the parent with a local probate attorney when a home sale needs court authority. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clerk of courts in Lawrence County | Receives filings for the circuit court in Lawrence County and can provide general information about procedure, hours and how to ask for scheduling guidance. | 78 Sherman Street, Deadwood, SD 57732; 605-578-2040 |
| SD Law Help | Online intake for free or low-cost civil legal help. The intake forwards an application to the appropriate legal services program. | https://sdlawhelp.org/ |
| State Bar of South Dakota lawyer referral service | Helps families look for a South Dakota lawyer. | https://findalawyerinsd.com/; 800-952-2333 |
| South Dakota Free Legal Answers | Online civil legal-questions service linked by the UJS. | https://sd.freelegalanswers.org/ |
| UJS Legal Form Help Line | Answers questions about UJS forms. The service cannot provide legal advice, and the UJS does not publish a statewide probate form set. | 1-855-784-0004 |
| eCourts and courthouse terminals | eCourts at https://ecourts.sd.gov/ requires free registration and shows docket summaries. Public access terminals for open court records are available at courthouses under SDCL 16-21-8, with access governed by SDCL ch. 15-15A. | https://ecourts.sd.gov/ |
When to hire an attorney
A South Dakota probate attorney is especially useful when heirs disagree, the will may be challenged, real estate must be sold, a formal petition is needed, creditor issues are unclear, or the personal representative lives outside South Dakota. The clerk of courts can provide procedural information, but cannot choose your strategy or draft your papers for you. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions to help families identify accounts, insurance, investments and other assets that shape estate settlement decisions.
Generate the probate packet. Sunset helps turn the information you gather into an organized starting packet for the Lawrence County clerk of courts or for the attorney helping you file.
Find a local probate attorney. When a Lawrence County estate needs legal judgment, a home sale, formal probate under SDCL ch. 29A-3, or help with disputes, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, organize tasks, and prepare for the next step without paying Sunset.
Frequently asked questions
Where do I file probate in Lawrence County?
File with the clerk of courts in Lawrence County at the Lawrence County Courthouse, 78 Sherman Street, Deadwood, SD 57732, or by mail to PO Box 626, Deadwood, SD 57732-0626. Venue is based on the decedent's domicile or South Dakota property location (SDCL 29A-3-201).
What are the clerk's hours in Deadwood?
The listed hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. The counter closes for lunch from noon to 1:00 p.m.; call 605-578-2040 before a midday trip.
Do I have to e-file in Lawrence County if I am self-represented?
No. Represented parties file through the Odyssey electronic filing system with the clerk of the court; a self-represented filer may file electronically but is not required to, and may bring or mail papers to the clerk of courts counter (SDCL 15-6-5(e)).
How much does it cost to file probate in Lawrence County?
Opening a probate estate costs $122.00 total, 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). A fee waiver may be requested under SDCL 16-2-29.2.
Are there Lawrence County probate forms?
Lawrence County does not list a county-specific probate packet or cover sheet on its UJS page. The South Dakota Unified Judicial System does not publish a statewide probate form set, so the opening papers are prepared by the filer or by a lawyer and brought to the clerk of courts.
Can I look up a Lawrence County probate case online?
Use eCourts at https://ecourts.sd.gov/. Free registration is required, and the public tier shows docket summaries for public cases rather than court documents. Public access terminals for open court records are available at courthouses under SDCL 16-21-8, with access governed by SDCL ch. 15-15A.
Can I appear by phone or video in a Lawrence County probate case?
The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the clerk of courts in Lawrence County how to make that request.
Is the Fourth Judicial Circuit changing?
The State Court Administrator's Office has proposed to the South Dakota Supreme Court a merger of the Fourth and Seventh Judicial Circuits' administrative structures only. No final decision has been made, and the proposal states that it does not close local clerk of courts offices or change local office hours (SDCL 16-5-1.2).
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.