Short answer

If the decedent’s last residence was in South Dakota, file the original will with the probate court in the county where the decedent was domiciled at death. You can file by mail, hire a South Dakota attorney to file for you, or appear in person. Before sending the original will, make copies, obtain certified copies of the death certificate, contact the clerk to learn local filing requirements and fees, and use a secure tracked delivery or an attorney’s trust account to protect the original document.

Detailed answer — step‑by‑step process

1. Confirm which South Dakota court has jurisdiction

Probate generally proceeds in the county where the decedent was domiciled (their permanent home) when they died. South Dakota follows the Uniform Probate Code provisions located in Title 29A of the South Dakota Codified Laws. For the statutes on probate, see the South Dakota statutes (Title 29A): https://sdlegislature.gov/Statutes/Title/29A.

2. Contact the county probate court clerk before you send anything

Call or email the clerk’s office in the county where the decedent was domiciled. Ask about the clerk’s procedures for:

• Accepting an original will submitted by mail or courier.
• Required forms and filing fees (probate petition, estate inventory, etc.).
• Whether the clerk will return the original will after filing or hold it until closing.

If you don’t know the county, the South Dakota Unified Judicial System website can help you find county court contact information: https://ujs.sd.gov.

3. Gather documents to file with the original will

Commonly required items include:

• The original will (do not sign, date, or alter it).
• Certified copy of the decedent’s death certificate (courts typically require certified copies).
• A completed petition for probate (the clerk can provide the correct form or direct you to local forms).
• A list of known heirs and beneficiaries and their contact information, if available.
• Contact information for the person who will serve as personal representative (executor) named in the will.

4. Choose how to file from out of state

Three common options:

• Mail or courier the original will and required documents to the county clerk: Use a secure, trackable method (overnight courier, registered mail) and keep proof of shipment. Ask the clerk whether they will return the original or keep it in the court file.
• Hire a South Dakota probate attorney: An attorney can file the petition, appear in court if needed, protect the original will, and advise on local practice and deadlines.
• Appear in person: If feasible, travel to South Dakota and file in person to address any issues promptly.

5. Protect chain of custody for the original will

The original will is usually required for probate. To protect it while transmitting from out of state:

• Make high-quality copies before you send the original and keep those copies with your records.
• Use an insured, tracked shipping service that requires a signature on delivery.
• Consider using a South Dakota attorney or a local courier service who can deposit the original with the court and confirm receipt.

6. Expect verification steps and possible additional proof

Depending on the will’s signing formalities and whether witnesses are available, the court may require proof of due execution. Typical proof includes:

• Witness affidavits (signed statements from the witnesses to the will).
• Testimony or sworn affidavits if a witness no longer lives locally or cannot appear.
• If the will is self-proved (contains a self-proving affidavit), the court can generally accept it without witness testimony. Check the will for a self-proving affidavit and consult SD statutes on proof of wills in Title 29A: https://sdlegislature.gov/Statutes/Title/29A.

7. Filing fees, notices, and timing

Filing fees vary by county. The clerk can tell you the exact amount and whether additional notices to heirs are required. After you file a petition, the court will issue notices required by South Dakota probate rules. Some proceedings can be handled informally if there is no contest; complex or contested cases require more court involvement.

8. When South Dakota assets exist but the decedent lived elsewhere

If the decedent was domiciled in another state but owned property in South Dakota (real estate, business interest, bank account), you may need an ancillary probate in South Dakota for those assets. Consult a probate attorney about whether a full administration or ancillary probate is necessary and how to proceed under South Dakota law (Title 29A).

9. Consider hiring local counsel

Out-of-state filers commonly hire South Dakota counsel to ensure the correct documents are filed, timelines are met, and the original will is properly handled. An attorney can also arrange to have the original will placed into the court registry or otherwise protected per local practice.

10. Keep records and follow up

Keep copies of everything you send, shipment receipts, correspondence with the clerk, and any court filings. Follow up with the clerk to confirm the will was filed and to receive copies of the probate docket entry or case number.

Helpful hints

• Do not sign or alter the original will. Alterations can invalidate parts of it and raise disputes.
• Obtain multiple certified copies of the death certificate before filing; courts and financial institutions commonly require them.
• Ask the clerk whether the court prefers the original will to be mailed or delivered by an attorney; practices vary by county.
• Check whether the will includes a self-proving affidavit. If it does, probate is usually faster because witnesses likely won’t need to appear.
• Use an attorney trust account if you need a neutral custodian for the original will while proceedings begin.
• If named personal representative lives out of state, South Dakota allows nonresident personal representatives but check whether the court requires a local agent or resident co-representative.
• Keep an organized packet for the clerk: original will, certified death certificate, completed petition, contact list for heirs, and payment for the filing fee.
• If the will appears to be invalid or contested, hire an attorney immediately — contests raise different procedural requirements and deadlines.