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Moody County, SD Probate Information
Quick facts
| Item | Moody County information |
|---|---|
| Court | The circuit court in Moody County, Third Judicial Circuit (SDCL 16-5-1.2) |
| Courthouse address | Moody County Courthouse, 101 East Pipestone Avenue, Flandreau, SD 57028-0226 |
| Mailing | No separate mailing line is listed for the clerk of courts. Call before mailing papers. |
| Phone | 605-997-3181, clerk of courts in Moody County |
| Fax | No fax is listed for the clerk of courts in Moody County. |
| Hours | 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday |
| Filing cost | $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) |
| Local forms | No county-specific probate packet or local cover sheet is listed for Moody County. The South Dakota Unified Judicial System does not publish a statewide probate form set. |
| Electronic 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 lookup | eCourts at https://ecourts.sd.gov requires registration at no charge and shows docket summaries. Public documents are viewed at a courthouse public access terminal, at no charge during regular business hours (SDCL 16-21-8). |
| Remote appearance | The assigned circuit judge decides whether any part of a case can be handled by telephone or video. |
| Website | https://ujs.sd.gov/court-finder/third-judicial-circuit/moody-county/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Moody County, list the assets, debts, accounts, titled property, beneficiary designations and co-owned property. Estate settlement is easier when you know what actually needs court authority and what passes outside the court file.
Sunset's asset discovery searches more than 2,300 financial institutions, then helps organize what you found into the information a personal representative, lawyer or clerk of courts will ask for.
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 Moody 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).
Moody County is one of the 14 counties in the Third Judicial Circuit: Beadle, Brookings, Clark, Codington, Deuel, Grant, Hamlin, Hand, Jerauld, Kingsbury, Lake, Miner, Moody and Sanborn (SDCL 16-5-1.2). Probate for Moody County is filed with the clerk of courts at the Moody County Courthouse in Flandreau.
Venue for the first informal or formal testacy or appointment proceeding 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 (SDCL 29A-3-201). 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).
The jurisdiction process
- Choose the right paper. Use an application for informal probate or informal appointment, and use a petition for formal probate or formal testacy when a judge's order after notice is needed (SDCL 29A-1-201(3), SDCL 29A-1-201(35), SDCL ch. 29A-3).
- Prepare the filing packet. Include the will if there is one, the death certificate if requested by the clerk, the proposed personal representative's information and any supporting documents needed for the requested appointment. Ask the clerk of courts how to handle any original will.
- File with the clerk of courts in Moody County at the Moody County Courthouse, 101 East Pipestone Avenue, Flandreau, SD 57028-0226. The office is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday.
- Pay the opening cost or ask about a waiver. The estate opening cost is $122.00 total court costs, effective July 1, 2026, made up of a $75.00 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). A person who cannot afford the cost may use the fee waiver process under SDCL 16-2-29.2.
- Handle notice according to the route. Informal proceedings are conducted without notice to interested persons by the clerk of court, and the applicant then gives the required post-probate information when required (SDCL 29A-1-201(22), SDCL 29A-3-306). Formal proceedings are conducted before a judge with notice to interested persons (SDCL 29A-1-201(18), SDCL ch. 29A-3).
- Ask how the hearing will be scheduled if a hearing is needed. Informal probate often does not involve a hearing because the clerk of courts acts on the application under SDCL 29A-3-302 and SDCL 29A-3-307. Formal probate is set before a judge under SDCL ch. 29A-3.
- Ask before assuming a telephone or video appearance. Whether any part of a Moody County case can be handled by telephone or video is set by the assigned circuit judge, and the clerk of courts can tell you how to ask.
- Receive authority after appointment and qualification. In an informal proceeding, the clerk of courts reviews the application, makes the required findings, issues the written statement of informal probate, appoints the personal representative once at least 120 hours have passed since death, and issues letters testamentary or letters of administration once the personal representative has qualified (SDCL 29A-3-302, SDCL 29A-3-303, SDCL 29A-3-307, SDCL 29A-3-601, SDCL 29A-3-103). A judge of the circuit court may also perform those acts (SDCL 29A-1-307).
- Administer and close the estate. The personal representative gathers assets, handles allowed claims, distributes property and closes using the appropriate closing statement or order of complete settlement process (SDCL 29A-3-1003, SDCL 29A-3-1001).
Forms and documents
Probate forms in Moody County
Moody County does not list a county-specific probate packet or a local probate cover sheet. 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 Statement of Claim form for creditors at SDCL ch. 29A-3, Appendix A. A claimant may file a written statement of claim with the clerk of the court under SDCL 29A-3-804(a)(1). That is not the packet used by a family member to open an estate.
Local nuance
Moody County-specific considerations
| Local point | What to do |
|---|---|
| Midday closure | The clerk of courts office is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. Call 605-997-3181 before traveling if you need to file close to noon. |
| Mailing line | The clerk of courts listing gives one address: 101 East Pipestone Avenue, Flandreau, SD 57028-0226. It does not list a separate mailing box for Moody County probate filings. |
| Fax and email | No fax is listed for the Moody County clerk of courts, and no office email suitable for publication is listed. Use the phone number before sending any paper by another method. |
Recent updates
| Date | Change |
|---|---|
| July 1, 2026 | The Unified Judicial System's Schedule of Court Costs took effect with $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. |
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with 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 Moody County at 101 East Pipestone Avenue, Flandreau, SD 57028-0226. Call 605-997-3181 first and ask how to get any original will to the office. | Sunset helps identify accounts, beneficiary designations and titled assets so the spouse can see what belongs in the court file and what may pass outside it. |
| Out-of-state adult child with small estate | Before opening a case, check the personal property affidavit route under SDCL 29A-3-1201. If a Moody County filing is needed, self-represented parties may file electronically, but are not required to file electronically (SDCL 15-6-5(e)). | Sunset organizes account and asset information, helps generate a probate packet when a court filing is needed, and helps the child decide what to ask the clerk or a lawyer before traveling. |
| 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 Moody County at 101 East Pipestone Avenue, Flandreau, SD 57028-0226. The clerk of courts appoints the personal representative once at least 120 hours have passed since death and issues letters testamentary or letters of administration once the personal representative has qualified (SDCL 29A-3-302, SDCL 29A-3-307, SDCL 29A-3-601, SDCL 29A-3-103). 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 collect account data, prepare the estate settlement packet and connect the parent with a local probate attorney when a sale, title transfer or dispute needs legal help. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Moody County clerk of courts | Gives local filing counter information, current hours and case-status information from the file. Court staff can give general procedure information, but cannot give legal advice or choose words for your papers. | 101 East Pipestone Avenue, Flandreau, SD 57028-0226; 605-997-3181 |
| eCourts | Shows docket summary information for public cases after registration at no charge. The public tier does not provide online document viewing; public documents are viewed at a courthouse public access terminal, 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 total court costs, effective July 1, 2026, may ask to waive the filing fee using the fee waiver process under SDCL 16-2-29.2. The $122.00 amount includes the $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). | https://ujs.sd.gov/self-help/civil-law-help/fee-waivers/ |
| SD Law Help | Online intake that routes civil legal-help applications to an appropriate legal services program. Acceptance of decedents' estate matters is not promised. | https://sdlawhelp.org |
| East River Legal Services | Moody County is on East River Legal Services' eastern South Dakota county list. Its listed practice areas are family, housing, consumer and public benefits, so ask about eligibility and subject matter before relying on it for an estate matter. | 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104; 1-800-952-3015; https://erlservices.org |
| State Bar of South Dakota Lawyer Referral Service | Helps find a private lawyer when an estate has real estate, creditor issues, a dispute, or a personal representative who needs legal advice. | 800-952-2333; https://findalawyerinsd.com |
When to hire an attorney
Legal counsel often makes sense in Moody County when the estate includes land, a sale of a home, unclear title, creditor problems, family conflict, a missing or later will, a nonresident decedent, or a formal probate petition under SDCL ch. 29A-3. The clerk of courts can provide procedure information, but cannot give legal advice or draft the application or petition for you. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps build a practical list of bank, brokerage, retirement, insurance and other accounts that may matter in estate settlement.
Generate the probate packet. Once you know what has to pass through the circuit court in Moody County, Sunset organizes the information needed for the application, supporting documents and next-step checklist.
Find a local probate attorney. When a Moody County estate involves a home sale, formal probate, creditor issues or a dispute, Sunset can connect you with a vetted attorney who understands South Dakota probate practice.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track assets and understand what to ask the clerk of courts or a lawyer before filing.
Frequently asked questions
Where do I file probate in Moody County?
File with the clerk of courts in Moody County at the Moody County Courthouse, 101 East Pipestone Avenue, Flandreau, SD 57028-0226. Moody County is in the Third Judicial Circuit (SDCL 16-5-1.2), and venue is based on the decedent's domicile at death or, for a non-South Dakota decedent, a county where the decedent had property (SDCL 29A-3-201).
What are the clerk's hours in Moody County?
The clerk of courts office is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday. Call 605-997-3181 before traveling, especially if you need to file close to the lunch closure.
Do I have to file electronically in Moody County if I am handling the estate 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)).
How much does it cost to open probate in Moody County?
The estate opening cost is $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. A filer who cannot afford the cost may ask about the fee waiver process under SDCL 16-2-29.2.
Are there Moody County probate forms?
Moody County does not list a county-specific probate packet or local cover sheet. 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.
Can I look up a Moody County probate case online?
Use eCourts at https://ecourts.sd.gov. Registration is required and has no charge. eCourts shows docket summaries for public cases, while public documents are viewed at a courthouse public access terminal, at no charge during regular business hours (SDCL 16-21-8).
Will I have to travel to another county for a hearing in a Moody County estate?
Most informal estates do not involve a hearing because informal proceedings are conducted without notice to interested persons by the clerk of court, and the clerk acts on the application under SDCL 29A-1-201(22), SDCL 29A-3-302 and SDCL 29A-3-307. If a hearing is needed, 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).
Can I appear by phone or video in a Moody 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 Moody County how to make that request.
Who reviews an informal application in Moody County?
In an informal proceeding, the clerk of courts reviews the application, makes the findings state law requires, issues the written statement of informal probate, and appoints the personal representative once at least 120 hours have passed since the death (SDCL 29A-3-302, SDCL 29A-3-303, SDCL 29A-3-307). A judge of the circuit court may also perform those acts (SDCL 29A-1-307).
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.