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Union County, SD Probate Information
Quick facts
| Item | Union County information |
|---|---|
| Court | The circuit court in Union County, served by the clerk of courts at the Union County Courthouse |
| Courthouse address | 209 East Main Street, Suite 230, Elk Point, SD 57025 |
| Mailing address | 209 East Main Street, Suite 230, Elk Point, SD 57025 |
| Phone | 605-356-2132 |
| Fax | 605-356-3687, for contact only |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday. No time zone is stated on the UJS page for Union. |
| Filing fee | $122.00 total court costs, effective July 1, 2026: $75.00 probate 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 fee waiver request is made under SDCL 16-2-29.2. |
| Local forms | No Union County-specific probate packet or cover sheet is published on the UJS page for Union. |
| E-filing | Represented parties file through Odyssey under SDCL 15-6-5(e). Self-represented parties may file electronically but are not required to under SDCL 15-6-5(e). |
| Case lookup | South Dakota eCourts at https://ecourts.sd.gov/ requires free registration and shows docket summaries for public cases. Public documents are not in the public online tier; public access terminals are available at courthouses under SDCL 16-21-8. |
| Telephone or video hearing requests | The assigned circuit judge decides whether any part of a case can be handled by telephone or video. Ask the Union County clerk of courts how to request it. |
| Website | https://ujs.sd.gov/court-finder/first-judicial-circuit/union-county/ |
Before you begin — know the assets and liabilities
Before filing in Union County, make a list of the decedent's accounts, real estate, vehicles, debts, creditors, and any will. South Dakota venue turns on the decedent's domicile at death, or, for a nonresident decedent, the South Dakota county where property was located (SDCL 29A-3-201).
Sunset's estate settlement tools help families look for accounts across more than 2,300 institutions before papers are prepared for the clerk of courts. That asset picture helps determine whether the Union County filing should be an application for informal probate or informal appointment, a petition in a formal proceeding, or another South Dakota route under SDCL ch. 29A-3.
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 Union 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 Union County is filed with the clerk of courts at the county courthouse in Elk Point. Union County is one of the 14 counties in the First 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).
The jurisdiction process
- Choose the filing path and prepare the papers. An informal filing uses an application to the clerk of court, while a formal probate or formal testacy matter uses a petition to the court under SDCL ch. 29A-3.
- File at the Union County clerk of courts office at 209 East Main Street, Suite 230, Elk Point. If there is a will, the application must state where the original will is, and you should ask the clerk of courts how to lodge it.
- Pay the $122.00 total court costs, 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 filing fee and service costs, ask about a fee waiver request under SDCL 16-2-29.2.
- For informal probate, the clerk of courts reviews the application after one hundred twenty hours have passed since death, makes the required findings, and may issue a written statement of informal probate under SDCL 29A-3-302 and SDCL 29A-3-303. For a formal proceeding, notice and hearing are handled under SDCL ch. 29A-3.
- Give the notices required after appointment. For creditors, publication may be used once a week for three successive weeks in a legal newspaper in the county where the case is pending, and written notice must be given to known or reasonably ascertainable creditors, with claim bars governed by SDCL 29A-3-801 and SDCL 29A-3-803.
- If a hearing is set, check the notice and the assigned judge's instructions. Whether any part can be handled by telephone or video is set by the assigned circuit judge, and the Union County clerk of courts can say how to ask.
- After appointment and qualification, the personal representative receives letters testamentary if there is a will, or letters of administration if there is not, and administration of the estate begins with the issuance of letters (SDCL 29A-3-103).
- Administer and close the estate. The personal representative gathers assets, handles claims and distributions, makes an inventory and appraisement available as required by SDCL 29A-3-706, and may close by closing statement when the requirements of SDCL 29A-3-1003 are met, or by court order of complete settlement under SDCL 29A-3-1001.
Forms and documents
Probate forms in Union County
No Union County-specific probate packet or cover sheet is published on the UJS page for Union. 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. That form is for a claimant, not the family member opening the estate.
Local nuance
Union County-specific considerations
The UJS page for Union lists probate filings at the clerk of courts office in Elk Point. It also lists Court Services from an office in Vermillion, which is a probation and supervision function, not the place to open or administer a Union County estate. For estate settlement filings, use the Union County clerk of courts at the Union County Courthouse in Elk Point.
Recent updates
| Date | Update |
|---|---|
| July 1, 2026 | The South Dakota Schedule of Court Costs took effect with $122.00 total court costs to open a probate estate: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. |
Scenarios
| Situation | Likely Union County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the home is titled and whether any assets are only in the decedent's name. If a Union County estate must be opened, file with the clerk of courts in Elk Point under SDCL 29A-3-201. | Sunset helps identify accounts, organize home and debt information, and prepare an attorney-ready estate settlement summary. |
| Out-of-state adult child with a small estate under SDCL 29A-3-1201 | Confirm South Dakota venue, the asset type, and whether the affidavit route under SDCL 29A-3-1201 fits. If a probate case is needed instead, a self-represented filer may file at the counter in Elk Point or may file electronically under SDCL 15-6-5(e). | Sunset helps locate accounts, separate probate assets from nonprobate transfers, and generate a filing checklist for Union County. |
| Parent settling predeceased child's estate, home must be sold | If authority is needed to deal with a Union County estate asset, the filing is made with the clerk of courts in Elk Point. The personal representative receives letters testamentary or letters of administration after appointment and qualification under SDCL 29A-3-103. | Sunset helps gather documents, identify creditors, and connect the family with a South Dakota probate attorney when a sale or formal court order is needed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Union County clerk of courts | Accepts Union County probate filings, provides case file information, and can explain court procedures. Court staff cannot give legal advice or write your papers. | 209 East Main Street, Suite 230, Elk Point, SD 57025. Phone 605-356-2132. |
| SD Law Help | Online intake for nonprofit legal aid programs serving South Dakota and local Tribal Nations. It routes the application to an appropriate program. | https://sdlawhelp.org |
| East River Legal Services | Union County is on East River Legal Services' published eastern county list. Its published practice areas include family, housing, consumer, and public benefits matters. | 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104. Toll-free 1-800-952-3015. |
| State Bar of South Dakota lawyer referral service | Helps families find a South Dakota lawyer for probate questions, contested issues, real estate transfers, or fiduciary duties. | 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 | Answers questions about UJS forms. This service cannot provide legal advice and does not replace probate document preparation. | 1-855-784-0004. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families build the asset picture needed for estate settlement before a Union County filing is prepared.
Generate the probate packet. Sunset turns the family intake into an organized set of documents and next steps for the clerk of courts or for an attorney to review, using Union County filing details.
Find a local probate attorney. When the estate needs legal advice, a home sale, a formal petition, or help with letters testamentary or letters of administration under SDCL 29A-3-103, Sunset can connect the family with a South Dakota probate attorney.
Sunset is free for families. Sunset helps organize estate settlement, find assets, and prepare for the next step without charging families to get started.
Frequently asked questions
Where do I file probate for someone who lived in Union County?
File with the Union County clerk of courts at the Union County Courthouse, 209 East Main Street, Suite 230, Elk Point, SD 57025. Venue is based on the decedent's domicile at death, or, for a nonresident decedent, a South Dakota county where the decedent owned property (SDCL 29A-3-201).
Is Union County in the First Judicial Circuit?
Yes. Union County is one of the 14 counties in the First Judicial Circuit, and South Dakota has seven judicial circuits under SDCL 16-5-1.2. The probate case is still filed at the Union County Courthouse in Elk Point.
Can I file electronically in Union County?
Represented parties file through Odyssey under SDCL 15-6-5(e). Self-represented parties may file electronically but are not required to under SDCL 15-6-5(e), so they can bring papers to the clerk of courts counter.
How much does it cost to open a Union County probate estate?
The opening cost is $122.00 total court costs, 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 request is available under SDCL 16-2-29.2.
Does Union County publish its own probate packet?
No Union County-specific probate packet or cover sheet is published on the UJS page for Union. 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 Union County probate case on eCourts?
South Dakota eCourts at https://ecourts.sd.gov/ requires free registration and shows summary docket information for public cases. Public documents are not available in the public online tier; courthouses provide public access terminals for public electronic records under SDCL 16-21-8.
Can a Union County probate hearing be handled by phone or video?
Whether any part of a case can be handled by telephone or video is set by the assigned circuit judge. The Union County clerk of courts can tell you how to ask.
Do I have to travel outside Union County for probate?
Union County probate filings go to the clerk of courts at the Union County Courthouse in Elk Point. 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).
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.