Overview
South Dakota abolished the rule against perpetuities in 1983 (SDCL 43-5-8). A trust can therefore last indefinitely, provided the trustee has power to sell the assets. The state levies no personal or corporate income tax, so trust income that is not taxed by another state is free of state tax. Over four decades the legislature has added directed trusts and trust advisers under SDCL chapter 55-1B, domestic asset protection trusts under chapter 55-16 (since 2005), community property trusts, broad decanting powers and statutory privacy. Under SDCL 21-22-28, in any court proceeding about a trust, the trust instrument, inventories, accountings, petitions and orders are sealed on filing and are not part of the public record. Access is limited to the parties, their lawyers and others the court approves. From 1 July 2026, attorneys of record also have secure online access to those sealed files.
The family office itself, meaning the team that invests and administers, is normally located where the family lives, for example in New York, Texas, Florida or abroad. Its adviser status follows the federal family office rule, Rule 202(a)(11)(G)-1. South Dakota's role is to hold the trusts and, often, the family's own trustee. A private trust company chartered under SDCL chapter 51A-6A serves only family members and their trusts and entities. It is chartered and supervised by the Division of Banking, part of the Department of Labor and Regulation. It needs at least US$200,000 of capital, a pledged deposit of at least US$100,000, a fidelity bond of at least US$1,000,000 and D&O cover of at least US$1,000,000. It is examined at least once every 36 months and files an annual report by 30 January. The application fee is US$5,000. Annual supervision fees are 7 cents per US$10,000 of trust assets, with a minimum of US$3,750 and a maximum of US$20,000. Examination costs are typically US$8,000 to US$15,000 for a private trust company.
The directed-trust framework under chapter 55-1B lets families divide roles. An investment trust adviser, often the family investment committee or the office itself, directs investments. A distribution adviser and a trust protector handle discretion and oversight, and a South Dakota trust company acts as administrative trustee. The 2025 legislation (SB 69, effective 1 July 2025) added a tax trust adviser who can direct the trustee on tax matters. It also clarified the line between unilateral decanting and court or consent-based modification. The 2026 legislation (SB 100, effective 1 July 2026) gave trustees discretion to reimburse a grantor for income tax on grantor trust income. It codified attorney-client privilege for trust fiduciaries, added an advancements rule for trusts and clarified the asset protection and community property trust statutes. A South Dakota asset protection trust allows the settlor to be a discretionary beneficiary. Creditors generally have two years from the transfer to challenge it, or, for a creditor whose claim existed at the time, six months after discovery if that is later. Claims for child support and for alimony or property division owed to a spouse at the time of transfer remain exceptions. Courts in other states have not always applied South Dakota law to their own residents, as a 2025 Connecticut appellate decision on marital assets showed.
Privacy in South Dakota is a matter of statute, not secrecy from tax authorities. US trusts and companies remain subject to IRS reporting and FATCA, and trust companies are examined for AML compliance. The Division of Banking expects each trust company to support the South Dakota situs of every account through real in-state administration. Its interstate trust guidance warns that administration carried out elsewhere can weaken the claim to South Dakota law. In practice the structure works when the South Dakota trustee keeps records, holds meetings and makes or implements decisions in the state. That calls for planning in the family office's governance calendar. South Dakota is often compared with Delaware, Nevada and Wyoming. Its distinguishing features are the absence of any state income tax, sealed court records and a long-established private trust company charter.
Key benefits
- Perpetual trusts with no rule against perpetuities since 1983, suited to multigenerational GST-exempt dynasty trusts
- No state personal, corporate or trust income tax
- Statutory sealing of trust court files under SDCL 21-22-28
- Directed trusts with investment, distribution, protector and (since 2025) tax trust adviser roles
- A private trust company charter with defined capital, bond and insurance requirements and predictable fees
- Self-settled asset protection trusts with a two-year limitation period
- Community property trusts available to couples from separate property states
- Active annual legislative updates, with each year's changes summarised by the Division of Banking
Requirements
- Federal adviser status: the family office managing the structure meets Rule 202(a)(11)(G)-1 or registers as an investment adviser if it serves non-family clients
- Trust situs: a South Dakota trustee and genuine in-state administration, including records, meetings and decision-making, in line with Division of Banking interstate trust guidance
- Private trust company capital of at least US$200,000 before conducting trust business (SDCL 51A-6A-19), or more if the Director of Banking requires
- Pledged deposit of at least US$100,000 with the Division of Banking (SDCL 51A-6A-19.2)
- Fidelity bond of at least US$1,000,000 and directors' and officers' liability cover of at least US$1,000,000
- Charter application with business plan, ownership, directors and officers, and a US$5,000 non-refundable fee
- Annual report to the Division by 30 January, supervision fees (minimum US$3,750, maximum US$20,000) and examinations at least every 36 months
- Financial institution tax returns for the trust company, subject to a tiered minimum tax that rises to US$25,000 after 48 months of operation
- AML/BSA programme, customer identification and source-of-wealth checks for the trust company; FATCA classification and W-8/W-9 documentation across the structure
- Asset protection trusts: an independent qualified South Dakota trustee and a solvency affidavit at funding; planning made well in advance of any foreseeable claim
Structure designs
Directed dynasty trust with a South Dakota trustee
A perpetual GST-exempt trust with an existing South Dakota trust company as administrative trustee and the family office as investment adviser. It suits families that want South Dakota law and tax treatment without running a trust company.
Private trust company
US$200,000 minimum capital
A family-owned trustee chartered under SDCL 51A-6A, with family, independent and South Dakota-based directors and officers. It suits large or multiple trusts where the family wants control of trustee decisions under state supervision.
South Dakota asset protection trust
A self-settled discretionary trust under SDCL chapter 55-16 with an independent South Dakota trustee. It suits principals who want long-term protection planned while solvent and free of pending claims.
Trust-owned family LLC
Family investment LLCs or LPs owned by South Dakota trusts and managed by the family office. They hold portfolios, private companies or real estate. It suits families that want one governance framework across trusts and operating assets.
Community property trust
A South Dakota community property trust for married couples living in separate property states. It aims at a full basis step-up on the first death under federal rules. It suits couples holding appreciated assets, subject to tax advice in their home state.
Step-by-step process
- 1
Set objectives and compare states
Define succession, privacy and protection goals, and compare South Dakota with Delaware, Nevada and Wyoming in light of the family's home-state tax and trust law.
- 2
Select trustee model
Choose an existing South Dakota trust company as directed trustee or form a private trust company, and define the adviser and protector roles.
- 3
Draft and settle trusts
Prepare trust instruments with directed-trust, tax adviser, decanting and privacy provisions, and settle trusts using the federal gift and GST exemptions.
- 4
Charter the private trust company
Prepare the business plan, capital, pledged deposit, bond and insurance, and file the charter application with the Division of Banking.
- 5
Fund the structure
Transfer assets into trust-owned LLCs, obtain valuations and file gift tax returns, with solvency affidavits for asset protection trusts.
- 6
Administer in South Dakota
Hold trust and board meetings in the state, keep records there, file the annual report and prepare for Division examinations.
Typical documents
- Passports and proof of address for settlors, directors, officers and advisers
- Source-of-wealth and source-of-funds evidence for each settlor
- Trust instruments with trust adviser, protector and tax trust adviser appointments
- Private trust company charter application, business plan and ownership chart
- Evidence of capital, pledged deposit, fidelity bond and D&O policy
- Biographical and background information for proposed directors and officers
- LLC or LP agreements for trust-owned entities and asset valuations
- Federal gift tax returns (Form 709) and GST allocations
- Solvency affidavit for transfers to an asset protection trust
- EIN letters, W-9/W-8 forms and FATCA classifications
How Legal Wealth helps

Legal Wealth helps families place the long-term trust and trustee layer of their family office in South Dakota while the investment team operates where the family lives. Working with South Dakota trust counsel, trust companies and the family's tax advisers, we compare South Dakota with other trust states and design directed-trust roles. Where it fits, we prepare the private trust company application to the Division of Banking and build a governance calendar that keeps administration genuinely in South Dakota. Our approach is compliance-first, discreet and focused on multigenerational succession. Enquiries: info@legalwealthglobal.com.
Enquire with Legal WealthFrequently asked questions
Do we need to live in South Dakota to use a South Dakota trust?
No. Non-residents use South Dakota trusts by appointing a South Dakota trustee and administering the trust in the state. Federal tax applies regardless, and the state where the grantor or beneficiaries live may still tax the trust's income.
What does a South Dakota private trust company cost to maintain?
Officially, it needs US$200,000 capital, a US$100,000 pledged deposit, a US$1,000,000 fidelity bond and US$1,000,000 D&O cover. Fees include a US$5,000 application fee and annual supervision fees between US$3,750 and US$20,000. Examination costs are typically US$8,000 to US$15,000, and the financial institution tax has a minimum of up to US$25,000 a year. Staffing, office and insurance costs come on top.
How private are South Dakota trusts?
Court files in trust proceedings are sealed by statute, so the trust instrument, accounts and orders are not public. This does not limit tax reporting. Trusts and trust companies still report to the IRS, apply FATCA and are examined for AML compliance.
How long does it take for an asset protection trust to be effective?
Creditors generally have two years from the transfer to challenge it. A creditor whose claim existed at the time may instead act within six months after discovering the transfer, if that is later. Claims for child support and for alimony or property division owed to a spouse at the time of transfer are exceptions.
What changed in South Dakota trust law in 2025 and 2026?
SB 69 (effective 1 July 2025) created the tax trust adviser role and clarified decanting versus modification. SB 100 (effective 1 July 2026) allows trustees to reimburse grantors for income tax on trust income. It also codified fiduciary attorney-client privilege, added an advancements rule and clarified the asset protection and community property trust statutes.
Should we choose South Dakota or Delaware?
Both offer perpetual trusts for personal property, directed trusts, asset protection trusts and a family trustee charter. South Dakota has no state income tax at all and statutory sealing of trust court files. Delaware has the Court of Chancery, its entity law and a new 2026 family trust company regime. Many families use Delaware entities with South Dakota trusts, or the reverse.
Last reviewed: 2026-10. Requirements, fees and timelines change. Information is general, reviewed on the date shown, and is not legal or tax advice.
Sources
- South Dakota Division of Banking – Private trust company mandates
- South Dakota Division of Banking – 2026 trust legislation memo (SB 100)
- South Dakota Division of Banking – 2025 trust legislation memo (SB 69)
- South Dakota Legislature – SDCL 21-22-28, privacy of trust proceedings
- Alper Law – South Dakota domestic asset protection trust







