Detailed Answer

Short answer: Under South Dakota probate law, a personal representative (PR) must administer the estate transparently and keep beneficiaries reasonably informed. If you receive a payment with no explanation, you can (1) request a formal, itemized accounting in writing; (2) inspect the probate file and supporting documents; and (3) if the representative refuses, ask the probate court to compel an accounting or take other remedial steps (including surcharge or removal in serious cases). This article explains what to ask for, how to preserve your rights, and when to involve the court or an attorney.

Why this matters under South Dakota law

South Dakota’s decedents’ estates statutes (Title 29A) set out the duties and powers of personal representatives and protect beneficiaries by requiring proper administration and accounting. Beneficiaries are entitled to information about the estate, how assets were valued, what debts and expenses were paid, and how distributions were calculated. See South Dakota Codified Laws, Title 29A (Decedents’ Estates): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayTitle.aspx?Title=29A

Step-by-step actions to take if you get an unexplained payment

1. Ask for an itemized accounting in writing. Send a polite, dated written request (email or letter) to the personal representative asking for an itemized accounting and supporting documents showing how your share was calculated. Specifically request:
   • the estate inventory and values;
   • list of debts and claims paid;
   • receipts for expenses and distributions;
   • the formula or allocation method used to compute your share;
   • any fees or commissions taken (including attorney fees and PR compensation).

   Keep a copy of your request and proof of delivery.

2. Review the probate court file. If the estate is open in probate, the probate file is usually a public record. You can inspect filings that often include inventories, petitions, orders, and sometimes accountings. If you don’t know the case number or court, ask the PR for the probate case name and county. If the PR refuses to give that information, you can still contact the probate court clerk to locate the file.
3. Allow time for a formal accounting. Many PRs prepare formal accountings only at certain stages (interim accounting, final accounting). If the payment is an interim distribution, ask when the PR will prepare the next interim or final accounting. If the PR has already provided an accounting that you can’t interpret, ask for a clearer breakdown.
4. Demand supporting documents if numbers don’t add up. If the figures seem incorrect or incomplete, request copies of bank statements, cancelled checks, bills paid, receipts, and any appraisals relied on for valuation. Reasonable requests for records are normally permitted.
5. Ask the court to compel an accounting if the PR refuses. If the PR refuses to provide a reasonable accounting or the documents you request, you can petition the probate court to compel an accounting and production of records. The court has authority under the probate statutes to order accountings, adjust distributions, surcharge a PR for losses caused by improper acts, and, in extreme cases, remove a PR from office.
6. Consider objections, surcharge, or removal. If the accounting shows misconduct, self-dealing, waste, or clear calculation errors, you can file objections with the court. Remedies include surcharge (monetary liability for damages to the estate), ordering repayment, awarding attorney fees (in some situations), and removal of the PR for cause.
7. Preserve evidence and act promptly. Keep copies of all communications, checks, deposit slips, and the unexplained payment notice. Time limits and procedural rules apply in probate matters; act promptly to protect your rights and to preserve evidence.
8. Get legal help when needed. If the PR resists, or if the accounting reveals complex transactions, consult a probate attorney. An attorney can draft requests, negotiate with the PR, and, if necessary, file petitions and represent you in court.

What an itemized accounting should show

A proper accounting will usually include:

• opening balance or inventory of estate assets and their values;
• receipts into the estate (sales, collections, cash on hand);
• payments of valid debts, taxes, and funeral and administration expenses;
• PR and attorney fees and when they were charged;
• interim distributions already made (dates and amounts);
• how the remaining assets were valued and how your distribution was calculated (pro rata, specific bequests, residue split, offsets for advances or gifts, etc.);
• any claims the PR is holding back from distribution and why.

Common reasons a PR might send a payment without details

• Interim distribution while accounting is still in progress.
• PR assumed beneficiaries understood an earlier formula (e.g., equal shares after debts) and did not include detailed paperwork.
• Clerical error or oversight.
• PR is inexperienced or acting without legal advice.
• PR is trying to avoid scrutiny (this is less common but possible).

When to involve the court right away

Consider going to the court promptly if:

• the PR ignores written requests for an accounting;
• you see clear evidence of missing assets, unexplained payments, or transfers to the PR or others that look improper;
• the PR refuses to provide the probate case number or prevents you from inspecting court records;
• you suspect fraud, theft, or gross mismanagement.

Where to find South Dakota statutes and court help

Read South Dakota’s decedents’ estates statutes (Title 29A) for the rules that govern personal representatives, accountings, and probate court powers: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayTitle.aspx?Title=29A

For local procedure and forms, contact the probate clerk in the county where the estate is being administered or visit the South Dakota Unified Judicial System website: https://ujs.sd.gov/

Helpful Hints

• Make all requests for accountings in writing and keep copies with proof of delivery.
• Ask specifically for valuation dates and appraisal reports for assets that affect distributions.
• Request deadlines: give the PR a reasonable written deadline (for example, 14–30 days) to respond before filing a petition in court.
• Be professional and factual in all communications; courts prefer parties who make reasonable attempts to resolve disputes before filing motions.
• If you are a significant beneficiary or if large sums are involved, consider hiring a probate attorney early—small mistakes in procedure can affect your rights.
• Keep receipts and documentation if you suspect the PR used estate funds for personal expenses.
• If you receive a final accounting that you cannot understand, ask the court clerk how to object or request a hearing—procedures vary by county.

Disclaimer: I am not a lawyer. This information is educational and does not constitute legal advice. For advice about your situation, consult a licensed South Dakota probate attorney.