Disclaimer: This article does not provide legal advice. It offers general information about South Dakota estate administration. Consult a licensed attorney for legal guidance.
Detailed Answer
Estate administration in South Dakota follows the Uniform Probate Code (Title 29A of the South Dakota Codified Laws). You start by gathering key documents and certificates. You need these to prepare the probate petition and to identify and value assets.
1. Original Will and Codicils
If the decedent left a will, locate the original document and any codicils. You must file the original with the court under SDCL 29A-3-301.
2. Certified Death Certificates
Order multiple certified copies of the death certificate from the county register of deeds or health department. You typically need 5–10 copies for banks, government agencies, insurers, and tax filings.
3. Asset Documentation
- Real estate deeds and mortgage statements
- Bank and brokerage account statements
- Insurance policies (life, auto, homeowner’s)
- Vehicle titles and registration
- Safe deposit box agreements and keys
4. Personal and Family Records
- Marriage certificate or proof of domestic partnership
- Divorce decrees or separation agreements
- Birth certificates of minor or adult beneficiaries
5. Business and Investment Records
- Partnership agreements or corporate documents
- Stock and bond certificates
- Retirement account statements
6. Tax Documents
- Last federal and state income tax returns
- Estate and inheritance tax returns, if required
- IRS Form SS-4 (EIN application) after appointment
7. Debt and Liability Records
- Credit card statements
- Loan agreements and promissory notes
- Medical bills and outstanding balances
After collecting these items, file the probate petition and supporting documents with the circuit court in the county where the decedent resided under SDCL 29A-3-201. The court will issue letters testamentary or letters of administration once it admits the will and appoints the personal representative.
Helpful Hints
- Request 10–15 certified death certificates to avoid delays.
- Search the county register of deeds for recent property transfers.
- Obtain a federal Tax Identification Number (EIN) for the estate after appointment.
- Keep a detailed list of assets and debts for accounting to beneficiaries.
- Consult a probate attorney early for complex or high-value estates.