Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in South Dakota, the personal representative must apply for probate in the circuit court for the county where the decedent lived. To determine if a probate estate has been opened for a decedent, follow these steps:
1. Identify the Correct County
South Dakota law requires probate to take place in the county where the decedent resided at the time of death (see SDCL §29A-1-201).
2. Search the South Dakota Unified Judicial System (UJS) Public Access Portal
Visit the UJS public access website at https://ujs.sd.gov/. Under “Case Records,” select “Circuit Court” and enter the decedent’s full name. If a probate case exists, it will appear in the search results with a cause number and “Probate” as the case type.
3. Contact the County Circuit Court Clerk’s Office
If you cannot find records online, call or visit the clerk’s office in person. Clerks can search by name, date of death, or case number. They can confirm whether a personal representative filed an application for probate under SDCL §29A-3-102.
4. Review Docket Entries and Filed Documents
Once you locate the case number, review the docket for entries such as “Letters Testamentary” or “Letters of Administration.” These entries confirm that a personal representative received authority to manage the estate per SDCL §29A-3-301.
5. Check Public Notices
South Dakota law requires the personal representative to publish a notice to creditors in a local newspaper (see SDCL §29A-3-801). Search local newspapers’ online archives for this notice. It will include the cause number and court details.
Helpful Hints
- Spell the decedent’s name exactly as it appears on official documents to avoid search errors.
- Have the date of death handy; it helps narrow down searches in the clerk’s office.
- Check both online and in person; some older records may not be digitized.
- Ask about any nominal fees for copying or printing court documents.
- If a will exists, review it for a named executor; executors usually file probate quickly.