Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under South Dakota law, probate begins when someone files the decedent’s original will and a petition with the county court. SDCL 29A-3-301 requires any person in possession of the will to deposit it in the decedent’s county court within 10 days of learning of the death. You must also file a petition to admit the will to probate, include a certified copy of the decedent’s death certificate, and pay the applicable filing fee.
1. Identify and Locate the Original Will
Locate the decedent’s original will. It may be held by the decedent’s attorney, stored in a safe deposit box, or kept in personal records. Contact the custodian and request delivery of the original document.
2. Prepare and File the Probate Petition
Obtain the probate petition form from the county court clerk’s office. Complete the petition with:
- Decedent’s full name, date of death, and last known residence
- Petitioner’s name, address, and relationship to the decedent
- The original will
- A certified copy of the death certificate
3. Submit the Original Will or Certified Filed Copy
File the original will with the county court clerk. The clerk will stamp the document “filed” and retain it in the probate file. If the will was already probated in another jurisdiction, you may file a certified copy under SDCL 29A-3-303.
4. Obtain Certified Copies for Estate Administration
After the court admits the will to probate, request certified copies of the Letters Testamentary or the court’s order. Use these certified copies to collect assets, pay debts, and distribute the estate according to the will.
Helpful Hints
- File the will within 10 days of learning of the death as required by SDCL 29A-3-301.
- Keep the original will unmarked. Do not write on, fold, or alter it.
- Include a certified death certificate with your petition to avoid delays.
- Verify current filing fees and payment methods with the county clerk’s office.
- Notify all heirs and interested parties as required by SDCL 29A-3-304.
- Consider consulting a probate attorney if the estate involves complex assets or disputes.