1) Who can be appointed administrator?

Priority for appointment follows the order the court uses to select a personal representative. Typically, South Dakota gives preference to a surviving spouse, then to adult children, then to other next of kin. A creditor or other interested person may petition if no family member petitions or qualifies. The probate statutes and procedures that govern appointments are in South Dakota’s probate code (Title 29A of the South Dakota Codified Laws): SDCL Title 29A (Probate Code).

2) Where do you file the petition?

File in the circuit court of the county where the decedent lived at the time of death. The clerk of the circuit court handles probate filings and can provide local forms and filing requirements. For general court information, see the South Dakota Unified Judicial System: ujs.sd.gov.

3) What documents and information are needed to ask the court to appoint you?

1. Certified copy of the death certificate.
2. Petition for Letters of Administration (or local equivalent form) signed and filed with the clerk.
3. A list of the decedent’s heirs and their addresses (spouse, children, parents, siblings, etc.).
4. Basic inventory of known assets (bank accounts, real property, vehicles, life insurance named to estate, retirement accounts, etc.).
5. Information about known debts and creditors.
6. Proof of your identity and relationship to the decedent (if requested).

The clerk or a local probate attorney can tell you the exact form names used in your county.

4) Typical procedural steps after you file

1. Clerk accepts petition and schedules any required hearing or issues Letters of Administration if the clerk is authorized to do so.
2. Notice to heirs and known creditors. South Dakota law requires notice procedures so interested persons can object or assert priority.
3. Bond requirement: The court may require the administrator to post a bond to protect the estate. Heirs can sometimes waive bond in writing, and the court has discretion about amounts.
4. Appointment: If the court approves, it issues Letters of Administration (or Letters Testamentary) authorizing you to act for the estate.
5. Administration tasks: marshal assets, secure property, pay valid debts and taxes, prepare and file inventories, and distribute assets under intestacy rules.
6. Accounting and final discharge: After administration, file a final accounting and ask the court to close the estate and discharge you as administrator.

5) How long does it take and what will it cost?

Time: Simple estates can take a few months. Estates with real property, disputes, or many creditors may take a year or longer. Costs: court filing fees, possible bond premium, publication costs for creditor notice, attorney fees if you hire counsel. Many South Dakota counties publish their probate fee schedules; contact the county clerk.

6) What if a family member objects to my appointment?

If another eligible person petitions or objects, the court will decide who is best suited under the priority rules and any disqualifying factors (for example, conflicts of interest or incapacity). If a dispute arises, consider hiring a probate attorney to represent your position at the hearing.

7) How will the estate be distributed if there is no will?

South Dakota’s intestacy rules (found in Title 29A) determine how property distributes among surviving spouse, children, parents, and other relatives. The court-mandated distribution follows those statutory rules, so the administrator distributes assets according to law rather than any informal family agreement unless the court approves a settlement.

Learn more about the probate code here: SDCL Title 29A.

8) Small estates and alternatives to full probate

South Dakota provides simplified procedures for some small estates or for transferring specific assets (for example, transfer-on-death designations, or small estate affidavits). Whether you qualify depends on the estate size and the type of property. Check with the county court clerk or a probate attorney about summary procedures available in your county.

9) Practical checklist (what to do right away)

• Obtain several certified copies of the death certificate from the funeral home or county health department.
• Secure the decedent’s home and vehicles; change locks if necessary.
• Locate bank and investment statements, mortgage and loan documents, titles, and insurance policies.
• Notify banks, Social Security (if applicable), and insurers of the death.
• Speak with the clerk of the circuit court in the decedent’s county to get probate forms and filing instructions.
• Decide whether you can act as administrator without an attorney; consider hiring one if the estate is large, has real property, tax issues, or family disputes.

Helpful hints

• Contact the county circuit court clerk early — they can provide local forms and explain required notices and fees.
• If all heirs agree, many steps (including bond) can be streamlined by written consents; get those consents in writing and file them with the court.
• Keep detailed records and receipts for every estate transaction — the court will expect an accounting.
• Don’t distribute assets to heirs until the court issues final distribution instructions or you have court approval; early distribution may create personal liability.
• If the estate has federal or state tax issues, consult an attorney or accountant with probate experience.
• Consider using a local probate attorney for first-time administrators — they speed filings and reduce mistakes that can delay closing the estate.