How to Open Probate in South Dakota

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Probate begins when an interested party files a petition with the county court in the decedent’s last residence. South Dakota codifies probate procedures in Title 29A of the South Dakota Codified Laws (SDCL). Follow these steps under South Dakota law:

1. Determine Jurisdiction and Venue. File in the county where the decedent last lived. SDCL §29A-3-201 governs venue: SDCL 29A-3-201.
2. Identify the Petitioner. An interested party may be an executor named in the will, a surviving spouse, an heir, a creditor, or any person with a property interest. The clerk will confirm the petitioner’s standing under SDCL 29A-3-203.
3. Prepare the Probate Petition. The petition must include the decedent’s name, date of death, residency, names and addresses of heirs, and estimated value of the estate. List the proposed personal representative and any will offered for probate.
4. Attach Required Documents. Attach the original death certificate, the decedent’s will (if one exists), and a sworn inventory of assets when available.
5. File and Serve Notice. File the petition with the clerk of courts. The clerk issues a notice to all heirs and devisees. You must publish notice once a week for three consecutive weeks in a local newspaper under SDCL 29A-3-602.
6. Obtain Bond (if required). If the will does not waive bond, the court may require the personal representative to post a surety bond. See SDCL 29A-3-302.
7. Attend the Probate Hearing. The clerk sets a hearing date once notice requirements are met. The court reviews the petition, validates the will, and appoints the personal representative.
8. Receive Letters of Administration or Letters Testamentary. After appointment, the clerk issues letters that authorize the representative to collect assets, pay debts, and distribute property under SDCL 29A-3-313.
9. Notify Creditors and File Inventory. Publish a notice to creditors and file an inventory of assets within three months of appointment, as required by SDCL 29A-3-613 and SDCL 29A-3-614.

Helpful Hints

• Double-check the decedent’s last residence to ensure proper venue.
• Identify all heirs and devisees early to reduce delays.
• Keep a calendar for publication deadlines and hearing dates.
• Consult sample probate forms on your county court’s website.
• Gather bank statements, deeds, and titles before filing your petition.
• Consider professional fiduciary services if you lack personal representative experience.