Detailed Answer
Under South Dakota law, a personal representative (also known as an executor or administrator) must locate and secure all assets and related documents of the decedent. The South Dakota Uniform Probate Code (SDCL Title 29A) outlines these duties. See SDCL Chapter 29A, Article 3 (SDCL Title 29A).
When institutions—such as banks, brokerage firms or government agencies—fail to respond to informal requests, representatives have several legal options:
- Written Demand: Send a certified letter or email outlining the specific documents needed (e.g., account statements, title deeds) and cite your authority as personal representative. Include a reasonable deadline.
- Probate Court Petition: File a petition under the South Dakota Uniform Probate Code asking the court to compel production. A court order carries more weight and often prompts compliance.
- Subpoena Duces Tecum: Issue a subpoena for documents pursuant to SDCL 21-27-17. This tool compels the institution to produce designated papers or records to the court or at a deposition. (SDCL 21-27-17)
- Contempt Proceedings: If an institution disobeys a court order, you can file a motion to hold them in contempt. Contempt can lead to fines or other sanctions. See SDCL 21-27-10 for contempt procedures. (SDCL 21-27-10)
- Regulatory Complaint: Lodge a complaint with the South Dakota Division of Banking or other relevant regulator if the institution is licensed. Regulators can investigate and enforce compliance.
Helpful Hints
- Keep detailed records of all communications, including dates and points of contact.
- Be precise in your document requests—overly broad subpoenas may face objections.
- Offer to reimburse reasonable copying or retrieval fees to avoid delays.
- Check safe deposit boxes with court permission if you suspect key documents are stored there.
- Consult a probate attorney if an institution continues to resist or if large assets are at stake.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult an attorney licensed in South Dakota to address your specific situation.