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Perkins County, SD Probate Information
Quick facts
| Item | Perkins County information |
|---|---|
| Court | The circuit court in Perkins County, at the Perkins County Courthouse in Bison |
| Courthouse address | 101 Main Street, Bison, SD 57620 |
| Mailing address | PO Box 426, Bison, SD 57620 |
| Clerk phone | 605-244-5626 |
| Fax | 605-244-7110, for contact only. A probate filing by fax was not established. |
| Hours | 9:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., Monday through Friday. The Perkins County page does not name a time zone. |
| 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 | The local UJS page for Perkins County does not list a county-specific probate form or local probate cover sheet. |
| 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. Free registration is required; the public tier shows docket summaries, not case papers. Publicly viewable case papers may be viewed at a courthouse public access terminal during regular courthouse hours (SDCL 16-21-8). |
| Telephone or video appearance | The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the clerk of courts in Perkins County how to request it. |
| Court website | https://ujs.sd.gov/court-finder/fourth-judicial-circuit/perkins-county/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Perkins County, make a practical inventory of the decedent's assets, debts, account ownership, beneficiary designations, real estate, and any original will. The correct local filing depends on what actually needs court authority, not just whether the family has a will.
Sunset's estate settlement platform searches across more than 2,300 financial institutions to help identify accounts and assets before you prepare the Perkins County filing packet. That asset discovery step can prevent a second trip to the clerk of courts in Bison or a filing that leaves out property the personal representative must handle.
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 Perkins 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 Perkins County is filed with the clerk of courts at the county courthouse in Bison. Perkins County is one of the 8 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). The Fourth Judicial Circuit includes Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins, and Ziebach counties (SDCL 16-5-1.2).
Venue for the first informal or formal 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 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
- Identify the estate assets, debts, beneficiaries, real estate, and any original will before you prepare the Perkins County papers. This helps decide what needs letters and what may pass outside a court filing.
- Choose the correct paper type. Informal probate or informal appointment under SDCL ch. 29A-3 uses an application directed to the clerk of court (SDCL 29A-1-201(3)). Formal proceedings under SDCL ch. 29A-3 use a petition directed to the court after notice (SDCL 29A-1-201(35)).
- Prepare the application or petition and supporting papers. If there is a will, the application must state whether the original will is in the court's possession or accompanies the application, and you should ask the clerk of courts in Perkins County how to lodge the original (SDCL 29A-3-301(2)(i)).
- File with the clerk of courts at 101 Main Street, Bison, SD 57620, or mail papers to PO Box 426, Bison, SD 57620. The counter is open 9:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., Monday through Friday. Represented parties file through Odyssey; self-represented parties may file electronically, but are not required to file electronically (SDCL 15-6-5(e)).
- Pay the $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. If you cannot afford the charge, ask about the fee waiver process under SDCL 16-2-29.2.
- For an informal filing, the clerk of courts reviews the application, makes the findings required by state law, issues the written statement of informal probate, and appoints the personal representative once at least one hundred twenty hours have passed since death (SDCL 29A-3-302, 29A-3-303, 29A-3-307, 29A-3-103). A judge of the circuit court may also perform those acts (SDCL 29A-1-307).
- For a formal filing, expect notice and a hearing before a judge under SDCL ch. 29A-3. If you need to participate by telephone or video, ask the Perkins County clerk of courts how the assigned circuit judge wants that request made.
- After appointment, the personal representative qualifies before receiving letters testamentary when there is a will or letters of administration when there is not a will (SDCL 29A-3-601, SDCL 29A-3-103). A bond is not required unless the court concludes one is in the estate's best interests (SDCL 29A-3-603).
- Administer the estate, give required notices, handle claims, and close the case. Written notice to known or reasonably ascertainable creditors is required, while publication may be used under the creditor notice rules (SDCL 29A-3-801). The inventory and appraisement timing is governed by SDCL 29A-3-706, and closing may occur through a closing statement or an order of complete settlement when the statutory requirements are met (SDCL 29A-3-1003; SDCL 29A-3-1001).
Forms and documents
Probate forms in Perkins County
The local UJS page for Perkins County does not list a county-specific probate form or local probate cover sheet. That means you should not expect a Perkins County packet at the clerk's counter, and you should call 605-244-5626 before traveling if you need to confirm what the clerk wants 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.
One probate-related form is prescribed by rule for creditors: the Statement of Claim in SDCL ch. 29A-3, Appendix A, tied to SDCL 29A-3-804(a)(1). That form is for a creditor making a claim against an estate, not for a family member opening the estate.
Local nuance
Perkins County-specific considerations
| Local point | Why it matters |
|---|---|
| Use 101 Main Street | The Perkins County clerk of courts address is 101 Main Street, Bison, SD 57620. Do not rely on an older 100 E. Main address when planning a counter visit. |
| Plan around the midday closure | The clerk's public hours are 9:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., Monday through Friday. Call 605-244-5626 before a time-sensitive trip. |
| Mailing is practical for rural families | The mailing address is PO Box 426, Bison, SD 57620. Ask the clerk what must accompany the original will or any required original document before mailing. |
| Do not use the Sturgis Court Services address for probate filing | The Perkins County page also lists a separate Court Services location in Sturgis. Probate filings go to the clerk of courts in Bison, not to that separate office. |
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The South Dakota Unified Judicial System Schedule of Court Costs took effect with $122.00 total court costs for opening a probate estate, made up of 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. |
| 2026 | The Unified Judicial System proposed an administrative merger of the Fourth Judicial Circuit and Seventh Judicial Circuit. The South Dakota Supreme Court had not decided the proposal, public comment ran through Oct. 1, 2026, and the proposal page stated that it would not close clerk of courts offices or change local office hours. Perkins County is in the Fourth Judicial Circuit (SDCL 16-5-1.2). |
Scenarios
| Situation | Likely Perkins County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Separate jointly owned or beneficiary-designated property from assets that need court authority. If a Perkins County case is needed, file with the clerk of courts at 101 Main Street in Bison or mail to PO Box 426, and call 605-244-5626 before traveling because the counter closes from noon to 1:00 p.m. | Sunset helps identify accounts, ownership, and beneficiary designations before the spouse starts an estate settlement filing. |
| Out-of-state adult child with a small estate (SDCL 29A-3-1201) | Check the state page's affidavit routes before opening a Perkins County case. If a court filing is needed, a self-represented filer may file electronically, but is not required to file electronically, and may mail papers to PO Box 426, Bison, SD 57620 (SDCL 15-6-5(e)). | Sunset helps organize asset details, generate a filing packet, and connect the family with a South Dakota probate attorney when the affidavit route is not enough. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires letters testamentary or letters of administration. In an informal proceeding, the Perkins County clerk of courts can appoint the personal representative once at least one hundred twenty hours have passed since death, with letters issued after qualification (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, under SDCL 16-2-29, SDCL 16-2-39, and SDCL 14-6-1. | Sunset helps gather financial information, prepare the estate settlement workflow, and find local counsel for a sale that needs court authority. |
Self-help resources
| Resource | How it helps in Perkins County |
|---|---|
| Perkins County UJS page | Use https://ujs.sd.gov/court-finder/fourth-judicial-circuit/perkins-county/ for the clerk's address, phone, fax, and current hours. |
| eCourts | Use https://ecourts.sd.gov for docket summaries after free registration. Publicly viewable case papers may be viewed at a courthouse public access terminal during regular courthouse hours (SDCL 16-21-8). |
| Fee waiver forms | If you cannot afford the $122.00 total court costs, effective July 1, 2026, ask about the fee waiver process under SDCL 16-2-29.2. |
| Court staff information | Court staff can provide general procedural information, case-file information, and completeness checks for signatures, notarization, county name, and case number. They cannot give legal advice or choose wording for you. |
| SD Law Help | Use https://sdlawhelp.org as the legal-help intake starting point. Perkins County is not on East River Legal Services' published county list, so the intake route should direct the request. |
| State Bar of South Dakota lawyer referral | Use https://findalawyerinsd.com or call 800-952-2333 to look for a South Dakota attorney. |
When to hire an attorney
A lawyer is especially useful in a Perkins County estate when the family disagrees about who should serve, the will may be challenged, real estate must be sold, creditors are uncertain, a formal proceeding is needed, or the personal representative lives outside South Dakota. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help families identify accounts, balances, and institutions before they file. That gives the personal representative a clearer starting point for estate settlement.
Generate the probate packet. Sunset turns the family's answers into an organized packet for the local filing path, including the information a Perkins County filing commonly needs and reminders to confirm original-will handling with the clerk of courts.
Find a local probate attorney. When the estate needs legal judgment, a formal hearing, real estate work, 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 settlement process, find assets, and understand next steps without paying Sunset.
Frequently asked questions
Where do I file probate in Perkins County?
File with the clerk of courts at the Perkins County Courthouse, 101 Main Street, Bison, SD 57620, or mail papers to PO Box 426, Bison, SD 57620. Venue depends on the decedent's domicile at death, or, for a non-South Dakota decedent, where the decedent's South Dakota property was located (SDCL 29A-3-201).
What are the clerk's hours in Bison?
The Perkins County clerk of courts is open 9:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., Monday through Friday. The Perkins County page does not name a time zone, so call 605-244-5626 before a time-sensitive trip.
Do I have to e-file in Perkins County if I am representing myself?
No. Represented parties file through Odyssey, but self-represented parties may file electronically and are not required to file electronically (SDCL 15-6-5(e)). A self-represented filer may bring or mail papers to the clerk of courts in Bison.
How much does it cost to open probate in Perkins County?
The total court costs are $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.
Are there Perkins County probate forms?
The local UJS page for Perkins County does not list a county-specific probate form or local probate cover sheet. 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 by a lawyer and brought to the clerk of courts.
Can I look up a Perkins County probate case online?
Use eCourts at https://ecourts.sd.gov. Free registration is required, and the public tier shows docket summaries rather than case papers. Publicly viewable case papers may be viewed at a courthouse public access terminal during regular courthouse hours (SDCL 16-21-8).
Will I have to travel to another county for a hearing?
Informal proceedings are handled by the clerk of courts under SDCL ch. 29A-3. Formal proceedings are before a judge with notice. 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, but that is not a guarantee about where a particular hearing will occur (SDCL 16-2-21).
Can I appear by phone or video in a Perkins County case?
The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the Perkins County clerk of courts how to make that request.
Who reviews an informal application in Perkins County?
In an informal proceeding, the clerk of courts reviews the application, makes the required findings, issues the written statement of informal probate, and appoints the personal representative once at least one hundred twenty hours have passed since death (SDCL 29A-3-302, SDCL 29A-3-303, SDCL 29A-3-307, SDCL 29A-3-103). A judge of the circuit court may also perform those acts (SDCL 29A-1-307).
Is there a proposal affecting the Fourth Judicial Circuit?
Yes. The Unified Judicial System proposed an administrative merger of the Fourth Judicial Circuit and Seventh Judicial Circuit. The South Dakota Supreme Court had not decided the proposal, public comment ran through Oct. 1, 2026, and the proposal page stated that it would not close clerk of courts offices or change local office hours. Perkins County is in the Fourth Judicial Circuit (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.