Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under South Dakota law, a personal representative must notify creditors after appointing to trigger the two-year deadline for filing unknown claims. If notice complies with SDCL 29A-3-801 and becomes effective, any creditor that did not receive direct notice has exactly two years from the decedent’s date of death to present a claim. See SDCL 29A-3-801 (notice requirements); SDCL 29A-3-803 (deadline for filing claims after notice).
To rely on the two-year rule, you must confirm that the original estate’s creditor notice satisfied statute. South Dakota courts require the personal representative to:
- Mail written notice to all known or reasonably ascertainable creditors within 30 days of appointment.
- Publish notice once a week for three successive weeks in a newspaper where the decedent resided, or another court-approved publication.
Effective notice begins on the date of the first publication or, for mailed notices, on mailing date. After effective notice, unknown creditors have two years from death to file claims. If notice failed to comply, the two-year rule may not apply.
Here’s how a beneficiary or other interested party can verify compliance:
- Obtain the probate case number and county of probate.
- Visit or contact the county circuit court clerk’s office where the estate was probated.
- Request certified copies of the personal representative’s proof of publication affidavit and proof of mailing affidavit filed in the court file.
- Review the affidavits to confirm: mailing dates, recipient addresses, publication dates, and newspaper name.
- Check newspaper archives (online or at the newspaper’s office) to verify publication ran for three consecutive weeks.
- Compare effective notice dates against the decedent’s date of death to calculate the deadline.
Helpful Hints
- Have the decedent’s date of death ready before reviewing timelines.
- Ask the court clerk for any docket entries or orders approving notice procedures.
- Use certified court copies to create a clear audit trail of notice compliance.
- If you find discrepancies, consider raising the issue with the personal representative or hiring probate counsel.
- Keep copies of all documents and correspondence for your records.