Disclaimer: This article provides general information only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney in South Dakota.
Detailed Answer
Under South Dakota’s Uniform Probate Code, a surviving spouse (and certain minor children) can claim a year’s allowance to support themselves from the estate of a deceased spouse. South Dakota Codified Laws § 29A-2-301 (SDCL 29A-2-301) outlines the allowance and grants it priority over most other claims.
While the year’s allowance statute itself does not explicitly require itemizing every asset in the petition, South Dakota law imposes a mandatory inventory of all estate property. SDCL § 29A-3-314 (SDCL 29A-3-314) requires the personal representative to file an inventory of all real and personal property within three months of appointment. This inventory forms the basis for calculating the year’s allowance and ensures the court can accurately determine available assets.
Even if you act as both surviving spouse and personal representative, you must comply with the inventory rules. When you prepare your petition for a year’s allowance, attach a schedule that lists all personal property assets—such as bank accounts, vehicles, furniture, jewelry, stocks and bonds, and other valuables—and their estimated values. This transparency lets the court confirm the estate can satisfy the allowance and protects your right to receive it.
Failing to list personal property assets can lead to delays, potential court objections, or even a reduction of the allowance. To safeguard your interests, fully enumerate every asset, include appraisals or account statements when available, and update the inventory if you discover additional items after filing.
Helpful Hints
- Prepare your inventory early: Gather account statements, appraisals, and titles before filing.
- Use official forms: Check with the probate court for any required templates or exhibits.
- Categorize assets: Separate real property, personal property, and intangible assets for clarity.
- Estimate conservatively: Assign realistic values to personal items when exact figures are unavailable.
- Review deadlines: File your year’s allowance petition and inventory within court-specified timeframes.
- Seek guidance: Consider consulting a probate attorney to ensure compliance with SD law.