Disclaimer: This is educational information, not legal advice. If you need help with a specific estate or will, consult a licensed South Dakota attorney or the probate court in the county where probate will be filed.
Detailed answer — How long it usually takes to admit an out-of-state will in South Dakota probate
Admitting an out-of-state will (a will signed or executed in another state) for probate in South Dakota typically takes longer or shorter depending on several factors. Under South Dakota law, a will that is valid where it was executed is generally entitled to probate here if the decedent owned property in South Dakota or was domiciled here. See South Dakota probate statutes for governing rules: South Dakota Codified Laws, Title 29A (Probate).
Common timelines (typical ranges)
- Simple admission (uncontested, original will available, decedent domiciled in SD): 4–12 weeks from filing to issuance of letters testamentary or letters of administration in many counties if paperwork is complete and there is no opposition.
- Ancillary probate (decedent domiciled out-of-state but owned SD real estate or property): 4–16 weeks if uncontested and the original will is in hand; ancillary proceedings focus on the property in South Dakota and are often quicker than a full administration of an in-state estate.
- More complex or contested cases: 3 months to 18 months (or longer). Contests to the will, missing original will, disputed heirs, creditor claims, or extensive assets will extend the timeline substantially.
- Full administration including creditor period and final distribution: 6–18 months (often at least 9–12 months) because of give-and-take with creditor notice deadlines, tax matters, and asset liquidation.
Why the timing varies
The main factors that influence how long it takes to get an out-of-state will admitted in South Dakota include:
- Whether the will is the original and whether it is self-proved (a self-proved will requires less proof of validity and speeds admission).
- Whether the decedent was domiciled in South Dakota or only owned property here (domicile affects whether the court opens a full estate or ancillary probate).
- Whether heirs or potential heirs contest the will, claim undue influence, or raise other objections.
- Administrative issues: missing heirs, need for a bond, locating and valuing assets, or clearing title to real property.
- Local court procedures and backlog: some county probate courts process filings faster than others.
- Notice and creditor periods: state law requires certain notice to creditors and publication in some circumstances, which creates natural waiting periods.
Typical steps to admit an out-of-state will in South Dakota
- Identify appropriate court/venue — usually the county where the decedent was domiciled in SD or where the decedent owned real property.
- Obtain the original will and several certified copies of the death certificate.
- File a petition for probate/admission of will and for appointment of a personal representative (executor) with the county circuit court clerk.
- Provide required supporting documents (original will, affidavits, death certificate, and any required forms or proof that the will was valid where signed).
- Serve notice to heirs and publish notices to creditors as required by law.
- If uncontested, the court issues letters to the appointed representative; if contested, scheduling, hearings, and extended litigation can follow.
Statutes and resources
South Dakota’s probate rules are found in Title 29A of the South Dakota Codified Laws: https://sdlegislature.gov/Statutes/Title/29A. That Title contains rules on admission of wills, venue, appointment of personal representatives, creditor notice periods, and related procedures. For county-specific filing procedures and forms, contact the clerk of circuit court in the county where you plan to file.
When you should expect to hire a lawyer
Consider hiring a local South Dakota probate attorney if any of these apply:
- The will is missing or you only have a copy.
- The will is contested or there are competing potential executors.
- The estate includes South Dakota real estate or complex assets.
- You live out of state and cannot manage court appearances or local administration personally.
Helpful hints
- Gather the original will and multiple certified death certificates before filing.
- If the will was executed in another state, get a certified copy of any local probate or letters already issued there — that helps the SD court.
- Check whether the will was “self-proved” when signed; self-proved wills usually speed up admission in South Dakota.
- Contact the county circuit court clerk in the county where property is located or where the decedent was domiciled to confirm filing requirements and fees.
- Be prepared to publish a notice to creditors and to wait for required creditor periods to run before final distribution.
- If you live out of state, hire a South Dakota attorney to file and handle local appearances and to advise on ancillary administration if needed.
- Expect simple, uncontested admissions to be quicker; plan for months, not days, for any probate matter.
Again, this information is general and educational and does not substitute for legal advice in a specific case. For case-specific guidance, consult a licensed South Dakota probate attorney or the county circuit court clerk where you plan to file.