Disclaimer: This article provides general information about South Dakota probate and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
Including real property in a South Dakota estate involves two main phases: probate administration and title transfer. South Dakota law ensures assets pass to heirs or beneficiaries under the Decedents’ Estates Act (Title 29A).
1. Verify Ownership and Exemptions
Start by reviewing the deed and title history. Property held as joint tenants with right of survivorship, in a living trust, or under payable-on-death deeds may bypass probate. For a full definition of probate property, see SDCL §29A-3-201.
2. Gather Key Documents
- Certified death certificate
- Original will, if one exists
- Property deed and recent tax records
3. File a Probate Petition
File in the county court where the decedent resided. The petition requests appointment of a personal representative (also called executor or administrator). Under SDCL §29A-3-203, you must submit a copy of the death certificate and will (if any).
4. Notify Heirs and Creditors
After the court issues Letters Testamentary or Letters of Administration, publish notice to creditors in a local newspaper. Formal notice requirements appear in SDCL §29A-3-315. Creditors then have a limited time to file claims.
5. Inventory and Appraise Estate Assets
The personal representative must file an inventory of all assets, including real property, within three months. See SDCL §29A-3-403. This establishes asset value for distribution and tax purposes.
6. Pay Debts, Taxes, and Expenses
Use estate funds to settle valid creditor claims, final income taxes, and administration costs. Only after debts clear can you transfer property to beneficiaries.
7. Transfer Real Property Title
Once the court approves final distribution, the personal representative signs and records a new deed transferring property to beneficiaries at the county Register of Deeds. For intestate distribution rules, see SDCL §29A-3-507.
Helpful Hints
- Begin probate promptly to avoid delays.
- Obtain certified copies of court documents when recording deeds.
- Maintain thorough records of all estate transactions.
- Communicate clearly with heirs to manage expectations.
- Consult a probate attorney for complex title, tax, or family issues.