Short answer: To prove you are the next of kin and qualify to be appointed administrator for a reopened probate in South Dakota, you will typically need a certified death certificate for the decedent; certified vital records (birth, marriage, adoption, divorce or paternity records) that show your relationship to the decedent; a clear family tree or affidavit of heirship; a copy of the prior probate file (if one exists); a formal petition to reopen the estate and to appoint you as personal representative; proof of service on interested persons; and any bond/residence documentation the court requires. The court will evaluate priority among potential personal representatives and may require additional proof or a bond.

Detailed answer — documents, process, and what courts look for (South Dakota)

This section explains the common documents and steps you’ll need when asking a South Dakota probate court to reopen an estate and appoint you as the administrator (personal representative). This covers typical cases where an estate was closed or administered and later needs reopening because additional assets, claims, or heirs were discovered.

1. Certified death certificate for the decedent

Provide a certified copy of the decedent’s death certificate. Courts use this to confirm the person has died and to verify dates and locations relevant to jurisdiction and administration.

2. Documents proving your relationship to the decedent (next-of-kin proof)

To establish you are a lawful heir or next of kin, gather certified, official records showing the familial connection. Useful documents include:

• Certified birth certificates (showing parent-child relationships).
• Certified marriage certificate (if you claim as surviving spouse).
• Adoption decrees or records (for adopted children or adopted parents).
• Divorce decrees or dissolution records (to show prior marriages ended, if relevant).
• Certified paternity orders or acknowledgments (where parentage is contested or nonmarital).

3. Affidavit of heirship or family tree chart

If certified records are incomplete or older records are not available, courts often accept sworn affidavits of heirship from people with direct knowledge and a written family tree that traces how you descend from the decedent. These affidavits should identify the affiant, describe their basis for knowledge, and include contact information for other heirs when possible.

4. Copy of the original probate file and prior orders

If the estate was previously opened or closed, obtain a certified copy of the probate file or the court’s final order. The prior file tells the court what was already administered, who received appointment previously, and whether distributions were made. You may need to explain why reopening is necessary (e.g., newly found assets, creditor claim, mistake in distribution, or previously unknown heirs).

5. Petition to reopen and petition for appointment

You will file a petition with the county probate court requesting that the estate be reopened and that the court appoint you (or another person) as administrator. The petition should state the reason for reopening, identify all interested persons and heirs you know, and request the specific relief you seek (reopening, issuance of letters of administration, appointment of a personal representative, authority to collect assets, etc.).

6. Proof of notice to interested parties

South Dakota law requires notice to heirs, beneficiaries, and known creditors when you petition the court. Be prepared to serve and file returns of service or affidavits proving the required parties received notice. If heirs consent in writing to your appointment, that can simplify the process.

7. Bond, residency, and qualification requirements

The court may require that an administrator post a probate bond unless waived by the will or by heirs. The court also checks qualifications (for example, whether the proposed administrator is an incapacitated person, a minor, or otherwise disqualified). If you are a nonresident, the court may impose additional requirements or require a local agent or co‑administrator.

8. Identity and background documents

Bring a government ID and contact information. In some cases courts or county clerks may request a background check or disclosure of felony convictions that could disqualify you from appointment.

9. Evidence of assets or claims that justify reopening

Explain why reopening the estate is necessary. Provide documentation of the newly discovered asset, claim, or creditor demand (bank records, title, unpaid rent, insurance proceeds, etc.) so the court understands the need to restart administration.

Legal references and where to look

South Dakota’s probate laws and court rules govern reopening estates and appointing personal representatives. Consult the South Dakota Codified Laws and the Unified Judicial System probate resources for forms and local rules. Helpful starting points:

• South Dakota Codified Laws — statutes and titles: https://sdlegislature.gov/
• South Dakota Unified Judicial System (court and probate information): https://ujs.sd.gov/

Because county courts manage probate, local clerks can often provide procedural instructions and form packets for petitions to reopen an estate and petitions for administration.

Common scenarios (hypothetical examples)

Example 1: An estate closed five years ago, but a bank account in the decedent’s name is found. To reopen, you would file a petition explaining the discovered asset, include a certified copy of the decedent’s death certificate and the prior closing order, submit evidence you are an heir (birth certificate showing you are the decedent’s child), and ask the court to appoint you administrator so you can collect the account and distribute per intestacy.

Example 2: You are the decedent’s spouse, but the decedent was divorced from a prior spouse who also claims inheritance. You would produce your certified marriage certificate, any divorce judgments relevant to prior marriages, an affidavit of heirship, and file a petition asking the court to determine priority and appoint a personal representative. The court will notify the other claimed heirs and may hold a hearing.

Helpful Hints

• Start with the county probate clerk: ask for the probate file, required forms, and local filing steps.
• Order certified vital records early — they can take time to arrive.
• Create a clear family tree chart showing how every heir connects to the decedent; include dates and document citations beside each person.
• If records are missing, collect sworn affidavits from people who can attest to family relationships and the affiant’s basis for knowledge.
• Get certified copies of any prior probate orders; the court will want to see what was already done.
• If other heirs agree to your appointment, ask them to sign written consents or waivers — these speed the process and may eliminate a bond requirement.
• Be prepared to explain why reopening is necessary and what assets remain to be administered.
• Expect the court to require notice to all interested persons. Keep accurate contact information for heirs and potential creditors.
• Contact the county probate clerk or review local court rules for specific filing fees and bond amounts — county procedures vary.
• Consider consulting a probate attorney if family relationships are disputed, the estate is complex, or large assets are at stake.