Detailed Answer
In South Dakota, a wrongful death action recovers damages on behalf of the decedent’s survivors. After you secure a settlement or judgment, you must distribute net proceeds under South Dakota law. Follow these key steps:
- Secure Appointment of Personal Representative. File probate papers with the county court and obtain Letters Testamentary or Letters of Administration. The personal representative manages the claim and distribution.
- Subtract Approved Costs. Deduct court costs, attorney fees, and funeral expenses. Court approval may be required for major disbursements.
- Identify Beneficiaries. If the decedent left a valid will, distribute according to the will. If intestate (no will), distribute under South Dakota’s intestate succession statutes:
- Surviving spouse and children share first.
- If no spouse or children, the next in line: parents, then siblings, then more remote kin. See SDCL § 29A-2-102.
- Follow SDCL § 21-5-9. This statute mandates that wrongful death proceeds distribute as intestate succession if there’s no will. If a will exists, the court ensures the terms control after costs.
- File a Distribution Plan. Submit your proposed distribution to the court for approval. Obtain a court order directing disbursement.
- Disburse Funds. Mail or deliver checks to beneficiaries as ordered. Keep detailed records and file a final accounting with the court.
Key Statutes: SDCL § 21-5-9 (wrongful death distribution); SDCL § 29A-2-102 (intestate succession).
Disclaimer: This article provides general information about South Dakota law and is not legal advice. Consult a licensed attorney for guidance on your situation.
Helpful Hints
- Start probate early to avoid distribution delays.
- Keep clear records of all communications, settlements, and court filings.
- Confirm beneficiary identities and relationships (birth certificates, marriage licenses).
- Get court approval for unusual expenses (long‐term care or specialized services).
- Review South Dakota’s wrongful death statutes online to ensure compliance.