Detailed Answer
Disclaimer: This article provides general information and does not constitute legal advice.
When someone dies without a valid will in South Dakota, the probate court must appoint an administrator to manage the estate and distribute assets under intestate succession rules. A potential heir—often the deceased’s spouse or next closest relative—can petition to serve as administrator by following these steps:
- Determine Intestate Status: Confirm the decedent left no valid will. Under SDCL 29A-2-105 (sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute?Statute=29A-2-105), property passes according to statutory heirship.
- Identify Eligible Heirs: South Dakota’s intestacy statute, SDCL 29A-2-103 (sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute?Statute=29A-2-103), ranks heirs: spouse, children, parents, siblings, and more remote relatives. A potential heir who stands to inherit has priority to serve.
- File a Petition for Administration: The potential heir files in the county where the decedent resided. The petition must request letters of administration and list known heirs. See SDCL 29A-3-101 (sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute?Statute=29A-3-101).
- Meet Qualification Requirements: SDCL 29A-3-102 (sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute?Statute=29A-3-102) requires that an administrator be a competent person over 18, not disqualified by law (e.g., felony convictions), and generally a resident of the state or a bond posted by a nonresident.
- Post a Bond (If Required): The court may require a surety bond under SDCL 29A-3-106 (sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute?Statute=29A-3-106) to protect the estate against mismanagement.
- Notice and Hearing: The court clerk schedules a hearing and provides notice to all heirs and interested parties. If no objections arise, the judge issues letters of administration.
- Administration and Distribution: The appointed administrator inventories assets, pays debts and taxes, and distributes remaining property per the intestacy scheme in SDCL 29A-2-103.
Helpful Hints
- Gather vital records: death certificate, marriage certificates, birth certificates for heirs.
- List known assets: bank accounts, real estate, vehicles, investments.
- Identify all potential heirs to avoid delays in notice and objections.
- Consult the county court clerk’s office for local forms and filing fees.
- Prepare to post a bond if you live outside South Dakota or if the court requires additional security.
- Keep clear records of all estate transactions to simplify final accounting.
- Seek legal counsel if the estate has complex assets, disputes among heirs, or significant debts.