Detailed Answer
If your father died without a valid will in South Dakota, state law decides who inherits. South Dakota’s intestate succession rules appear in the South Dakota Codified Laws (S.D.C.L.) Title 29A, Chapter 2. You start by identifying all close relatives, then apply the statutory hierarchy:
- Spouse and children. If your father left a surviving spouse and descendants (children, grandchildren), the spouse usually receives a share and the descendants split the rest. See S.D.C.L. §29A-2-102: sdlegislature.gov/29A-2-102.
- Children only. If there’s no spouse, all children share equally. Adopted children count the same as biological. Half-blood children split equally unless the court orders otherwise. See S.D.C.L. §29A-2-103: sdlegislature.gov/29A-2-103.
- No spouse or descendants. If no spouse or kids, your father’s parents or siblings inherit. Parents split equally. If a parent predeceased, that parent’s children (your siblings or nieces/nephews) inherit per stirpes. See S.D.C.L. §29A-2-105: sdlegislature.gov/29A-2-105.
- No close relatives. If no descendants, spouse, parents, or siblings, look to more distant kin (grandparents, aunts/uncles). If no heirs exist, the estate escheats to the State of South Dakota per S.D.C.L. §29A-3-101.
To determine heirs:
- Gather birth, marriage, and adoption records.
- Interview relatives for family history.
- Search online databases (genealogy tools, vital records).
- File a petition for probate with your County Court. The court may require an Heirship Determination.
- Submit an affidavit or sworn testimony from witnesses who know the family tree.
After filing, the court issues Letters of Administration naming an administrator who distributes assets to approved heirs under S.D.C.L. rules.
Disclaimer: This article provides general information about South Dakota intestate succession and does not constitute legal advice. For guidance on your specific situation, consult a qualified probate attorney.
Helpful Hints
- Start early: locate vital records before probate deadlines.
- Confirm adoptions: adoptive relationships count as intestate heirs.
- Check for multiple marriages: determine if step-children or former spouses affect inheritance.
- Keep detailed family charts to clarify relationships.
- Consult county probate forms: many are available online at your local court’s website.
- Consider a professional genealogist for complex family trees.