It is no longer possible to disinherit a spouse in the state of South Dakota, unless the spouse agrees. Each personal representative is required to provide the court with an indemnity bond guaranteeing the faithful performance of duties unless bond is specifically waived by the decedent in his will or, in certain cases, by the court. Notices may be published during the administration of an estate. These notices are for the protection of those interested in the estate and vary in cost. Court costs .
Court costs paid to the Clerk are in an amount set by law.
Personal Representative and Attorney Fees . The fee received by the personal representative is set by law. The attorney who assists in the administration of an estate is hired by the personal representative of the estate and those fees are a matter of contract. The personal representative is entitled to reimbursement from the estate for payment of attorney fees in handling the estate. If the personal representative is an attorney, he will receive only one fee.