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Executor Compensation Laws in South Dakota

In South Dakota, a personal representative is entitled to reasonable compensation based on statutory factors, and when the will is silent or there is no will, the court may allow commissions on personal property of 5% of the first $1,000, 4% up to $5,000, and 2.5% above $5,000.

Last checked . General information, not legal advice.

South Dakota at a glance

Compensation method
Reasonable compensation, with optional statutory commission
Factors include time and labor, difficulty, customary local fees, estate size and income, and experience. Real property earns just and reasonable compensation set by the court.
Statutory fee schedule
5% first $1,000; 4% to $5,000; 2.5% above
Commissions on personal property accounted for, when compensation is not provided by will or in intestacy. Real estate sold in probate counts as personal property.
Percentage schedule in statute
Optional schedule

Sources

Last checked

The rules in South Dakota

How is an executor paid in South Dakota?

Compensation method in South Dakota: Reasonable compensation, with optional statutory commission. Factors include time and labor, difficulty, customary local fees, estate size and income, and experience. Real property earns just and reasonable compensation set by the court.

What percentage can an executor charge in South Dakota?

Statutory fee schedule in South Dakota: 5% first $1,000; 4% to $5,000; 2.5% above. Commissions on personal property accounted for, when compensation is not provided by will or in intestacy. Real estate sold in probate counts as personal property.

Does South Dakota law set executor fees by a percentage schedule?

Optional schedule. Percentage schedule in statute in South Dakota: optional schedule.

Where do the South Dakota executor compensation laws come from?

The rules above come from S.D. Codified Laws 29A-3-719. Each source is linked on this page. We last checked them in October 2026.

Good to know

If the will sets compensation, the personal representative may renounce it before qualifying and take reasonable compensation instead.

What this means in practice

A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.

Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.

Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.