Disclaimer: I am not a lawyer and this is not legal advice. This article explains general South Dakota probate rules to help you understand the process. For advice about your situation, contact a licensed South Dakota attorney or the probate court.

Detailed answer — how appointment works under South Dakota law

When someone dies without a will (intestate) in South Dakota, the court appoints a personal representative (called an administrator) to handle the estate. The administrator gathers assets, pays debts, and distributes remaining property according to South Dakota’s intestacy rules.

Who has priority to be appointed?

South Dakota law sets a priority list for appointment. Close family members have the highest priority: a surviving spouse, adult children, parents, siblings, and then more remote heirs. If more than one person in the same priority class seeks appointment, the court selects the person best suited to serve. If the highest-priority person will not or cannot serve, the court moves to the next class.

For the exact statutory priority rules, see the South Dakota probate code (Title 29A). You can review the statutes through the South Dakota Legislative Research Council: https://sdlegislature.gov/ (search for Title 29A, Chapter 3 on appointment of personal representatives and Chapter 2 on intestate succession).

Basic qualifications to serve

• Generally you must be an adult (18 or older).
• You must be able to perform the duties (not incapacitated or otherwise disqualified).
• Some courts prefer or require a resident or someone with ties to the county where the decedent lived, but nonresidents can often serve.

Step-by-step process to get appointed

1. Locate the county probate court where your sister lived. Probate is handled in the county (circuit) court where the decedent was domiciled at death.
2. Obtain a certified death certificate. The court and many institutions will require certified copies.
3. Prepare a petition for appointment of personal representative (administrator). The petition identifies the decedent, lists heirs and known creditors, states that there is no will, and asks the court to appoint you.
4. File the petition with the county clerk of courts (probate court). Pay the filing fee. Ask the clerk about any local forms—many South Dakota counties provide probate intake forms or checklists.
5. Provide notice to interested persons. The court will require that known heirs and other interested parties receive notice of the petition and the hearing. The clerk can explain who must be notified and how.
6. Post bond if required. The court may require the administrator to post a bond (insurance) to protect the estate. The amount and need for a bond depend on the estate size and whether the court waives the bond.
7. Attend the hearing (if the court schedules one). If there are no objections, the court typically issues an order appointing you as administrator.
8. Receive Letters of Administration (or similar document). These are court-issued papers that prove your authority to act for the estate. Most banks and others will require these letters before releasing funds or assets.

After appointment — main duties of an administrator

Once appointed, you must:

• Collect and secure estate assets.
• Give notice to creditors and pay valid debts and taxes.
• Inventory estate property and file required reports with the court.
• Distribute remaining assets to heirs according to South Dakota intestacy law.
• File a final accounting and close the estate when duties finish.

Failing to follow statutory duties can expose an administrator to personal liability. See the probate statutes (Title 29A) for procedural and reporting requirements: https://sdlegislature.gov/.

Common issues you may encounter

• If multiple family members seek appointment, the court resolves disputes. Consider seeking an agreement among heirs to avoid contested hearings.
• Creditors can file claims against the estate. You must follow legal notice procedures and timelines.
• If the estate lacks cash to pay debts, you may need to sell assets under court supervision.
• Heirs may object to you as administrator for any number of reasons; contested proceedings cost time and money.

Practical checklist — documents and information to gather

• Certified copy of the death certificate.
• Decedent’s full legal name, date of birth, last residence, and Social Security number (if known).
• List of likely heirs with addresses (spouse, children, parents, siblings, other relatives).
• List of assets (bank accounts, real estate, vehicles, safe-deposit boxes, retirement plans, life insurance).
• List of creditors and recent bills.
• Copies of any known estate planning documents (even if unsure whether a will exists).

Where to find forms and more information

County court clerks handle probate filings. The South Dakota Unified Judicial System (UJS) website provides court contact information and sometimes probate forms: https://ujs.sd.gov/.

For statutory language, search the South Dakota Codified Laws on the state legislature website: https://sdlegislature.gov/. Look for Title 29A (Probate) — chapters covering intestate succession and appointment of personal representatives.

Helpful hints

• Call the county clerk before you file. County clerks can explain local filing steps, fees, and whether the court uses standard petition forms.
• Talk to other heirs early. A written agreement naming you as administrator can avoid a contested hearing.
• Get certified death certificates early. Many institutions require original certified copies.
• Keep clear records and receipts. You will need them for inventories and final accounting.
• Consider a small estate process. If the estate value is below a certain threshold, South Dakota may allow simplified procedures. Ask the clerk whether a simplified or summary probate applies.
• If the estate holds jointly titled property or has beneficiary designations (life insurance, retirement accounts), those assets may pass outside probate. Identify these to heirs and the court.
• If a bond is required and you lack funds, a surety company can supply the bond for a fee; discuss this with the clerk or an attorney.
• If heirs live out-of-state, coordinate notices and service early to avoid delays.
• If the estate appears insolvent (debts exceed assets), get legal advice before paying claims or distributing property.