Disclaimer: This article does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
When a loved one dies, you may find they left behind assets sent to the South Dakota Unclaimed Property Program. South Dakota law (SDCL chapter 43-46) requires holders to turn over unclaimed property after a dormancy period (SDCL 43-46-6). As an heir, you can locate and recover those assets by following key steps.
1. Search the Unclaimed Property Database
Visit the South Dakota Treasury website’s unclaimed property search at sdtreasurer.gov/unclaimed-property. Enter the decedent’s full name and last known city. The system returns property types, last known holder, and a claim number if you find a match.
2. Gather Required Documentation
The Treasury requires proof you can claim the decedent’s assets. Typically, you must provide:
- A certified copy of the decedent’s death certificate
- Proof of heirship, such as letters testamentary or small estate affidavit under South Dakota’s Uniform Probate Code (SDCL 29A-3-101)
- Government-issued photo ID for each claimant
- A completed claim form from the Treasury website
3. Complete and Submit a Claim
Download the claim form at https://sdtreasurer.gov/unclaimed-property/claim-form. Fill in the decedent’s information, the property details, and your relationship. Sign the form and attach all supporting documents. Mail or upload the package per the instructions.
4. Await Review and Payment
After the Treasury receives your claim, it reviews your documents and may contact you for clarification. South Dakota law requires the office to complete processing within 90 days (SDCL 43-46-8). Once approved, you receive payment by check or electronic deposit.
Helpful Hints
- Check multiple name variations, including maiden or middle names.
- Search under business names if your relative owned a company.
- Keep certified copies of all documents; the office won’t return originals.
- If the estate is complex, consider hiring a probate attorney.
- Use registered mail or certified upload to track your claim package.
- Follow up with the Unclaimed Property Office every 30 days to check status.