Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When Can You Reopen a Closed Estate?
In South Dakota, an estate is considered closed once the court issues a final distribution order and the personal representative files a closing statement. If heirs later discover assets that were not reported, they can petition the court to reopen the estate and claim those unclaimed assets.
Petition Under SDCL 29A-3-823
South Dakota Codified Laws § 29A-3-823, available at sdlegislature.gov, governs the reopening of closed estates. An interested person (such as an heir) must file a written petition that includes:
- A description of the newly discovered or overlooked asset.
- Evidence supporting the asset’s existence (bank statements, property records, etc.).
- The reason the asset was omitted from the original inventory.
- A proposed distribution plan consistent with the decedent’s will or intestate succession rules.
Procedure and Timeline
1. File your petition in the same county probate court that handled the original estate. Include the estate’s case number and pay any required filing fee under local court rules.
2. Serve a copy of the petition and notice of hearing on the personal representative and all other interested parties as required by SDCL § 29A-3-822.
3. Attend the hearing. If the court finds good cause—such as credible proof of an unclaimed asset—it will sign an order reopening the estate and instruct the personal representative to add the asset to the estate inventory and distribute it accordingly.
Alternative Remedy: Action Against the Personal Representative
If reopening the estate is impractical or delayed, heirs may instead file a claim against the personal representative under SDCL § 29A-3-819 (sdlegislature.gov). This allows recovery of the value of undistributed assets. Such an action generally must be brought within one year of the court’s final distribution order.
Helpful Hints
- Collect proof of heirship: birth certificates, the decedent’s will, or sworn affidavits.
- Obtain a certified copy of the court’s final distribution order and closing statement.
- Document the newly discovered asset clearly—include bank records, appraisals, or deeds.
- Identify and properly serve all interested parties, including creditors and other heirs.
- File your petition promptly to avoid running into statutes of limitation or objection periods.
- Consider consulting a probate attorney if the assets are complex or heirs dispute the petition.