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Miner County, SD Probate Information
Quick facts
| Item | Miner County details |
|---|---|
| Court | Circuit court in Miner County, clerk of courts |
| Courthouse address | 401 N. Main, Howard, SD 57349 |
| Mailing address | Use 401 N. Main, Howard, SD 57349 unless the clerk gives different instructions. No separate mailing address is listed for the clerk of courts. |
| Phone | 605-772-4612 |
| Fax | No fax number is listed for this office. |
| Hours | 9:00 a.m. to 4:00 p.m., Monday, Wednesday and Friday |
| Filing fee | $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 Miner County-specific probate form or cover sheet is listed on the Miner County UJS page. |
| E-filing | Represented parties file through Odyssey. A self-represented filer may file electronically but is not required to do so under SDCL 15-6-5(e). |
| Case lookup | eCourts at https://ecourts.sd.gov/ requires free registration and shows public docket summaries. Filed document images are not shown in the public tier; public access terminal viewing is available at the courthouse under SDCL 16-21-8. |
| 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 make the request. |
| Court website | https://ujs.sd.gov/court-finder/third-judicial-circuit/miner-county/ |
Before you begin — know the assets and liabilities
Before you file anything in Miner County, make a working list of the decedent's assets, debts, co-owners, beneficiaries, and possible creditors. Estate settlement moves faster when you know whether the estate needs a personal representative, whether there is real estate to sell, and which institutions are holding accounts.
Because the Howard clerk's counter is listed for Monday, Wednesday and Friday only, call 605-772-4612 before you travel with original papers or payment. Sunset's asset discovery searches across more than 2,300 institutions, which can help families find accounts before choosing the right estate settlement path.
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 Miner 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 Miner County is filed with the clerk of courts at the county courthouse in Howard. Miner County is one of the 14 counties in the Third 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 based on the county where the decedent was domiciled at death. If the decedent was not domiciled in South Dakota, venue may be in any South Dakota county where the decedent's property was located (SDCL 29A-3-201).
The jurisdiction process
- Identify the correct filing path and prepare the papers. Informal probate uses an application to the clerk of court, while formal probate uses a petition to the court under SDCL 29A-3 and the definitions in SDCL 29A-1-201.
- File with the clerk of courts for Miner County at 401 N. Main, Howard, SD 57349, or file electronically if you choose to do so. Represented parties file through Odyssey, and a self-represented filer may file electronically but is not required to do so under SDCL 15-6-5(e). If there is an original will, ask the clerk how to lodge it.
- Pay the $122.00 total court costs, effective July 1, 2026. The total is the $75.00 filing fee under SDCL 16-2-29, the $40.00 court automation surcharge under SDCL 16-2-39, and the $7.00 county law library fee under SDCL 14-6-1.
- For an informal matter, the clerk of court reviews the application and makes the statutory findings. After at least 120 hours have passed since death, the clerk may issue the written statement of informal probate or make the informal appointment under SDCL 29A-3-302, 29A-3-303 and 29A-3-307. After the personal representative qualifies, estate administration begins when letters testamentary or letters of administration issue under SDCL 29A-3-103 and 29A-3-601.
- If the case is formal, wait for hearing instructions from the court. Whether any part of the case can be handled by telephone or video is set by the assigned circuit judge, and the Miner County clerk can tell you how to ask.
- After appointment, give the required information to heirs and devisees within fourteen days and complete the separate Department of Social Services notice steps required by SDCL 29A-3-705. Handle creditor notices under SDCL 29A-3-801 and claim deadlines under SDCL 29A-3-803; publication may shorten the deadline for unknown creditors, while known or reasonably ascertainable creditors must receive written notice.
- Collect, protect, and value estate assets. Prepare the inventory and appraisement within six months after appointment or nine months after death, whichever is later, and make a copy available to interested persons who request it under SDCL 29A-3-706.
- Distribute the estate only after debts, allowances, expenses, and claims are handled. Closing may be done by a closing statement under SDCL 29A-3-1003 or, when appropriate, by an order of complete settlement under SDCL 29A-3-1001.
Forms and documents
Probate forms in Miner 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.
Miner County does not list a county-specific probate form or local cover sheet on its court page. If you are filing without a lawyer, call the clerk of courts at 605-772-4612 before visiting, because the Howard counter is listed for 9:00 a.m. to 4:00 p.m. on Monday, Wednesday and Friday only.
Local nuance
Miner County-specific considerations
| Local point | What to do |
|---|---|
| Three open days | The clerk of courts is listed for 9:00 a.m. to 4:00 p.m. on Monday, Wednesday and Friday. Call 605-772-4612 before bringing original papers or arranging a courthouse trip. |
| One address line | Use 401 N. Main, Howard, SD 57349 for the clerk of courts unless the clerk gives different instructions. Do not rely on a separate post office box for this office. |
| No fax number listed | Do not assume fax is an available way to communicate with the clerk. Use the phone number and ask how the clerk wants a particular item delivered. |
| No general office email listed | Use the phone number for initial contact. Do not send filings or original documents by email unless the clerk or a court order specifically instructs you. |
Recent updates
Scenarios
| Archetype | Likely local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming what passed by title and what, if anything, must be administered through the circuit court in Miner County. If a filing is needed, call 605-772-4612 and plan any counter visit for Monday, Wednesday or Friday. | Sunset helps identify accounts, title issues, debts, and beneficiary designations before the spouse spends time preparing a court filing. |
| Out-of-state adult child with small estate under SDCL 29A-3-1201 | If a court filing is needed, a self-represented filer may mail papers to 401 N. Main, Howard, SD 57349 or file electronically under SDCL 15-6-5(e). Call first because no separate mailing address is listed for the clerk. | Sunset can organize asset information, generate a task list, and help decide whether local counsel should review the plan before anything is filed. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires an appointed personal representative with letters. The clerk acts on an informal application after the 120-hour period, and letters testamentary or letters of administration issue after qualification under SDCL 29A-3-302, 29A-3-307, 29A-3-601 and 29A-3-103. | Sunset helps gather the account and property picture, prepare a probate packet, and connect the parent with a local attorney when a sale or title issue needs legal judgment. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Miner County clerk of courts | Answers filing logistics, counter hours, payment questions, and how to ask the assigned judge about telephone or video handling. Court staff cannot provide legal advice or choose words for your papers. | 401 N. Main, Howard, SD 57349; 605-772-4612 |
| eCourts | Provides public docket summaries after free registration at ecourts.sd.gov. Filed document images are not shown in the public tier; public access terminal viewing is available at the courthouse under SDCL 16-21-8. | https://ecourts.sd.gov/ |
| UJS fee waiver forms | A filer who cannot afford the filing fee under SDCL 16-2-29 may ask to waive filing and service costs under SDCL 16-2-29.2 to 16-2-29.4. | UJS fee waiver page, form UJS-022 |
| SD Law Help | Online intake that routes civil legal-help requests to an appropriate nonprofit program. | https://sdlawhelp.org/ |
| East River Legal Services | Miner County is on East River Legal Services' eastern county list. Its listed practice areas are family, housing, consumer and public benefits, so ask whether your estate settlement issue fits its services. | 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104; 1-800-952-3015 |
| State Bar of South Dakota lawyer referral | Helps families find a private South Dakota lawyer for probate, real estate, creditor, or fiduciary questions. | https://findalawyerinsd.com/; 800-952-2333 |
When to hire an attorney
Consider talking with a South Dakota probate attorney if heirs disagree, a home must be sold, creditor claims are unclear, the will is disputed, the estate includes business or farm interests, or you live outside South Dakota and need someone to coordinate with the Miner County clerk of courts. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families build the asset list needed for estate settlement before a Miner County filing is prepared.
Generate the probate packet. Sunset turns the family intake into an organized probate packet, checklist, and next-step plan that can be reviewed before filing with the clerk of courts.
Find a local probate attorney. When the estate needs legal judgment, a home sale, court hearing support, or help with disputes, Sunset can connect the family with a South Dakota probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, understand the local process, and move forward with clearer estate settlement tasks at no cost.
Frequently asked questions
Where do I file probate in Miner County?
File with the clerk of courts for the circuit court in Miner County at 401 N. Main, Howard, SD 57349. Venue depends on the decedent's domicile at death, or, for a non-South Dakota domiciliary, a South Dakota county where the decedent owned property (SDCL 29A-3-201).
What are the clerk's hours in Howard?
The Miner County clerk of courts is listed for 9:00 a.m. to 4:00 p.m. on Monday, Wednesday and Friday. Call 605-772-4612 before traveling, especially if you need to bring original papers.
Do I have to e-file in Miner County?
If you are represented by a lawyer, filings go through Odyssey. If you are self-represented, you may file electronically but are not required to do so under SDCL 15-6-5(e), so you can ask the clerk how to file at the counter or by mail.
How much does probate cost in Miner County?
The statewide total is $122.00 in court costs, effective July 1, 2026. That total is $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1.
Are there Miner County probate forms?
Miner County does not list a county-specific probate form or cover sheet on its court page. The South Dakota Unified Judicial System does not publish a statewide probate form set, so the application, will, and supporting papers are prepared by the filer or a lawyer and brought to the clerk of courts.
Can I look up a Miner County probate case online?
Use eCourts at https://ecourts.sd.gov/. Free registration is required, and the system shows docket summaries for public cases. Filed document images are not shown in the public tier; courthouse public access terminal viewing is available under SDCL 16-21-8.
Can I fax the clerk of courts in Miner County?
No fax number is listed for the Miner County clerk of courts. Call 605-772-4612 to ask how the clerk wants a particular filing, copy, or follow-up item delivered.
Will I have to travel to Howard for a hearing?
Many informal matters are handled by the clerk of court without advance notice to interested persons under SDCL 29A-1-201(22), while formal matters can involve a judge. 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 (SDCL 16-2-21), and the assigned circuit judge decides whether any part of a case can be handled by telephone or video.
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.