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South Dakota Inheritance Law & Probate Procedure

South Dakota PROBATE COURT FINDER:
- Probate Court for Clark County: Key information about your local probate court (Circuit Court in South Dakota) for Clark County.
How Probate Works in South Dakota: How to handle the probate of an inheritance at Clark County's probate court.
- Here are links to:
  - South Dakota Probate Forms and the
  - South Dakota State Probate Court Website.
Small Estates Procedures in South Dakota: Learn how to use South Dakota's Small Estate procedures that can save you time and money.
- In South Dakota, you can use an Affidavit for estates worth less than $50,000, less liens and encumbrances for real property and $100,000 for personal property.
  
  S.D. Codified Laws Ann. 29A-3-1201 and following.
  
  You can use "informal probate" regardless of the size of the estate.
  
  S.D. Codified Laws Ann. 29A-3-301.
South Dakota Estate Taxes:
- South Dakota, like most states, does not impose an estate or inheritance tax. Only a few states do.
Avoiding Probate in South Dakota. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
- Transfer on Death Deeds (TODDs)

Bankruptcy & Debt

MEANS TEST CALCULATOR
- for Clark County, South Dakota (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for May 15, 2024)
South Dakota BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under South Dakota law and Federal law, for use in filing out Schedule C, when you file for bankruptcy.
- Federal Exemptions available in South Dakota?:
  - No. S.D. Codified Laws §§ 43-31-30, 43-45-13.
- South Dakota Homestead Exemption
  - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
- South Dakota Vehicle Exemption
  - no specific exemption
South Dakota BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
FREE BANKRUPTCY FORMS:
We'll tell you which bankruptcy forms you need and where to find them.

South Dakota Unemployment Benefits

Benefit Amounts in South Dakota: Learn how unemployment works, how much you'll get, and for how long.
- Minimum:
  - $28 per week
- Maximum:
  - $514 per week
- Duration:
  - In South Dakota, you can receive unemployment benefits for a maximum of 26 weeks under state law.
Eligibility: >Whether you qualify for unemployment.
How to Apply: How to apply for unemployment in South Dakota.
- South Dakota Department of Labor and Regulation, Division of Reemployment Assistance
  - 605-626-2452
Unemployment Office Near Me? How to find your local unemployment office.
COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.
South Dakota Wage & Hour Law
- South Dakota Minimum Wage:
  - The minimum wage in South Dakota is $11.20 an hour. Because this is higher than the federal minimum wage of $7.25, employees in South Dakota must be paid at least $11.20 an hour.
- Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in South Dakota and whether they apply to you.
- Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in South Dakota.
- Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in South Dakota.
  - In South Dakota, your employer may pay you a minimum wage of $5.60 an hour, as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $11.20 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.