Detailed Answer
If you are an interested person in a South Dakota probate estate, you generally have a right to receive a copy of the personal representative’s accounting. South Dakota Codified Laws (SDCL) require the personal representative to file and serve accountings to keep heirs, devisees, and creditors informed about estate administration.
Key Statutes
- SDCL 29A-3-719(c): Upon written request, the personal representative must deliver a written statement of receipts, disbursements, and the estate balance within 30 days. If the representative fails to comply, the court may compel delivery. (SDCL 29A-3-719).
- SDCL 29A-3-721: At the time of final accounting and settlement, the personal representative must mail a notice and a copy of the final account to all interested persons. (SDCL 29A-3-721).
“Interested persons” include heirs, beneficiaries named in the will, and creditors who have filed claims. If you qualify, you can: 1) request interim accountings during administration; and 2) receive the final accounting when the estate closes.
Steps to Obtain the Accounting
- Send a written request identifying yourself and your interest in the estate to the personal representative.
- If you don’t receive the accounting within 30 days, file a motion with the probate court under SDCL 29A-3-719(c) to compel production.
- If the final account has been filed, review the court’s docket or request a copy directly from the clerk of courts.
Helpful Hints
- Check the court file online or at the courthouse to verify if accounts have been filed.
- Keep records of all correspondence with the personal representative.
- Consult probate court rules for specific deadlines and formats for requests.
- If the estate has a lawyer, you can also send your request to the attorney of record.
- Consider mediation or informal conference if you encounter resistance before filing a court motion.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a licensed attorney in South Dakota for guidance tailored to your situation.