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Todd County, SD Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Circuit court in Todd County, Sixth Judicial Circuit (SDCL 16-5-1.2) |
| Office serving Todd filings | Clerk of Court, PO Box 311, 200 E Third Street, Winner, SD 57580-0311 |
| Mailing address | PO Box 311, Winner, SD 57580-0311 |
| Phone | 605-842-2266 |
| Fax | 605-842-2267. Use as a contact detail only; ask the clerk how filings are accepted. |
| Hours | 7:30 a.m. to 4:00 p.m., Monday through Friday |
| Filing fee | $122.00 total, 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 |
| Local forms | The Todd County page does not list a local probate packet. The Unified Judicial System does not publish a statewide probate form set. |
| E-filing | Represented parties file through Odyssey electronic filing. Self-represented parties may file electronically, but are not required to, and may bring 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 summary docket information. Public filing images are viewed through courthouse public access terminals at no charge during regular business hours (SDCL 16-21-8). |
| Remote appearance | Whether telephone or video handling is allowed is set by the assigned circuit judge. Ask the clerk how to make the request. |
| Website | https://ujs.sd.gov/court-finder/sixth-judicial-circuit/todd-county/ |
Before you begin — know the assets and liabilities
Before you choose a filing path, list the accounts, vehicles, land, debts, beneficiaries, and any will. Estate settlement in Todd County starts with knowing what exists and whether the papers should be an application handled by the clerk of court or a petition handled by a judge under SDCL ch. 29A-3.
Sunset's 2,300-institution asset discovery helps families find accounts before they prepare the probate packet, which matters when the filing office serving Todd County is in Winner rather than Mission.
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 for Todd County filings are taken by the clerk of courts at PO Box 311, 200 E Third Street, Winner, SD 57580-0311 (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).
Todd County is in the Sixth Judicial Circuit with Bennett, Gregory, Haakon, Hughes, Hyde, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, and Tripp counties (SDCL 16-5-1.2). Todd County includes Mission, Rosebud, St. Francis, and Parmelee, and is coextensive with most of the Rosebud Indian Reservation.
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent was domiciled at death, or, for a decedent not domiciled in South Dakota, in a county where the decedent's property was located (SDCL 29A-3-201).
The jurisdiction process
- Decide whether you are preparing an application for an informal proceeding or a petition for a formal proceeding under SDCL ch. 29A-3. If there is a will, ask the clerk of courts how to lodge the original will.
- Prepare the local caption for a Todd County case and bring or send the papers to the clerk of courts office serving Todd County filings at PO Box 311, 200 E Third Street, Winner, SD 57580-0311. Represented parties file through Odyssey electronic filing, while self-represented parties may file electronically but are not required to do so (SDCL 15-6-5(e)).
- Pay the $122.00 total estate opening cost, 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. If you cannot afford the charge, ask about a fee waiver under SDCL 16-2-29.2.
- If the matter proceeds informally, the clerk of court reviews the application under SDCL ch. 29A-3. If a judge hearing is needed, scheduling and any telephone or video request are handled under the assigned circuit judge's instructions.
- After appointment, send the required information of appointment to heirs and devisees, and complete the required Department of Social Services notice and court certification steps under SDCL 29A-3-705.
- Handle creditor communications under SDCL 29A-3-801: publication may be used, and written notice must be delivered to known or reasonably ascertainable creditors.
- Once the personal representative has qualified, letters testamentary or letters of administration start estate administration under SDCL 29A-3-103. Financial institutions, buyers, and title parties usually ask to see those letters.
- Prepare the inventory and appraisement within the time set by SDCL 29A-3-706, pay valid claims, distribute remaining property, and close by the available sworn closing statement or court order path under SDCL 29A-3-1003 or SDCL 29A-3-1001.
Forms and documents
Probate forms in Todd 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.
The Todd County page does not list a local probate packet or local cover sheet. If you are filing without a lawyer, call 605-842-2266 before you travel to Winner to ask what the clerk wants included with a Todd County application or petition under SDCL ch. 29A-3.
Local nuance
Todd County-specific considerations
Todd County's county seat is Mission, but the Unified Judicial System page for Todd County lists the clerk of courts office serving Todd County filings at PO Box 311, 200 E Third Street, Winner, SD 57580-0311. Treat the case as a Todd County case in the Sixth Judicial Circuit, and use the Winner office for clerk filing questions.
The Court Services address listed on the Todd County page is in Pierre. Court Services is not the clerk of courts office for opening a decedent's estate, so do not use that address for a probate filing unless the clerk instructs you to do so.
Recent updates
Scenarios
| Scenario | Likely Todd County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking title and whether any asset actually needs a personal representative. If a Todd County case is needed, filings are taken at the Winner clerk of courts office and venue follows the domicile rule in SDCL 29A-3-201. | Sunset finds accounts, organizes title and debt information, and helps decide whether a local attorney should review the home transfer. |
| Out-of-state adult child w/ small estate | Review whether the statewide affidavit route for personal property under SDCL 29A-3-1201 fits before opening a case. If a case is needed, ask the Winner office how to submit papers without unnecessary travel. | Sunset gathers asset details remotely and can generate a probate packet for attorney review or self-represented filing. |
| Parent settling predeceased child's estate, home must be sold | A sale often requires letters testamentary or letters of administration after the personal representative qualifies under SDCL 29A-3-103. File the Todd County case through the clerk of courts office serving Todd filings in Winner. | Sunset helps identify accounts and debts, prepare organized information for a title company, and connect the family with a vetted South Dakota probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| SD Law Help | Online intake that routes a civil legal-help request to an appropriate legal services program. Do not assume a program will take an estate matter until intake responds. | https://sdlawhelp.org/ |
| State Bar of South Dakota Lawyer Referral Service | Lawyer referral for families who need a private attorney for a Todd County probate case. | https://findalawyerinsd.com/; 800-952-2333 |
| South Dakota Free Legal Answers | Online civil legal-questions service linked by the Unified Judicial System. | https://sd.freelegalanswers.org/ |
| UJS Legal Form Help Line | Can answer questions about UJS forms, but cannot provide legal advice. The UJS form sets do not include a statewide probate form set. | 1-855-784-0004 |
| Clerk of courts office serving Todd filings | Can provide general information about procedure, file status, signatures, notarization, county name, and case number, but cannot choose your words or give legal advice. | 605-842-2266 |
When to hire an attorney
A South Dakota probate attorney is especially useful when heirs disagree, a home must be sold, creditors are uncertain, the will is questioned, or a personal representative is trying to handle the case from outside Todd County. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank, investment, retirement, insurance, and loan relationships that may belong in the estate settlement plan.
Generate the probate packet. Sunset turns the family information into an organized packet for a Todd County filing, including the details a lawyer or self-represented filer needs before contacting the clerk of courts office serving Todd filings.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect the family with a vetted South Dakota probate attorney familiar with circuit court practice.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, locate assets, and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate for Todd County?
File a Todd County case with the clerk of courts office serving Todd County filings at PO Box 311, 200 E Third Street, Winner, SD 57580-0311. Venue still depends on the decedent's domicile or South Dakota property location under SDCL 29A-3-201.
Why is the Todd County filing office in Winner instead of Mission?
The Unified Judicial System page for Todd County lists the clerk of courts office serving Todd filings in Winner. The page does not list a Mission clerk counter for probate filings, so call 605-842-2266 before traveling.
Can I file electronically in a Todd County probate case?
Represented parties file through Odyssey electronic filing. Self-represented parties may file electronically, but are not required to, and may bring papers to the clerk of courts counter (SDCL 15-6-5(e)).
Does informal probate in Todd County require a hearing?
Informal proceedings under SDCL ch. 29A-3 are handled by the clerk of court without advance notice to interested persons. Formal proceedings under SDCL ch. 29A-3 are handled before a judge with notice.
Can I appear by phone or video for a Todd County hearing?
The assigned circuit judge decides whether any part of the case can be handled by telephone or video. Ask the clerk of courts office serving Todd filings how to make that request.
How do I look up a Todd County probate case?
Use eCourts at https://ecourts.sd.gov/. Free registration is required. eCourts shows summary docket information, and public filing images are viewed through courthouse public access terminals at no charge during regular business hours (SDCL 16-21-8).
Are Todd County probate forms online?
The Todd County page does not list a local probate packet. The Unified Judicial System does not publish a statewide probate form set, so call the Winner office before filing without a lawyer.
What does it cost to open an estate in Todd County?
The estate opening cost is $122.00 total, 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 fee waiver may be requested under SDCL 16-2-29.2.
Do I have to travel to Winner for every step?
Not necessarily. Some steps may be handled by mail, attorney filing, or electronic filing under SDCL 15-6-5(e), and any hearing logistics depend on the assigned circuit judge. Call the clerk at 605-842-2266 before making travel plans.
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.