Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in South Dakota for guidance.
Detailed Answer
1. Determine the Decedent’s Domicile and Primary Probate Court
Under South Dakota law, you initiate probate in the county where the decedent was domiciled at death. The circuit court in that county has jurisdiction to appoint a personal representative for the entire estate, including intangible assets located anywhere in the state. See SDCL § 29A-3-101 (Domiciliary appointment): sdlegislature.gov/29A-3-101.
2. Probate of Intangible vs. Real Property
Intangible property (bank accounts, stocks, retirement accounts) is administered solely through the domiciliary probate in South Dakota, regardless of the county where the bank or broker is located.
Real property (land and buildings) located in South Dakota but in a different county still falls under the statewide probate estate. However, you must record certified letters testamentary or of administration in the register of deeds office of the county where each parcel lies to clear title.
3. Ancillary Administration for Out-of-State Real Estate
If the decedent owned real property in another state, you must open an ancillary administration in that jurisdiction. First, obtain letters testamentary in South Dakota. Then file a petition in the foreign state’s probate court to appoint an ancillary personal representative. South Dakota law recognizes this procedure under the Uniform Probate Code’s ancillary provisions. See SDCL § 29A-3-607 (Ancillary administration): sdlegislature.gov/29A-3-607.
4. Coordinate Administration Across Jurisdictions
• Engage local counsel in each foreign jurisdiction for filings and tax notices.
• Provide a certified copy of the domiciliary letters and estate inventory.
• Maintain detailed records of all court filings, communications, and deadlines to avoid penalties.
5. Closing the Estate
After satisfying creditor claims, distributing assets, and recording deeds, file a final accounting and petition for discharge in the domiciliary court. The court will issue an order closing the estate once all requirements are met.
Helpful Hints
- Confirm the decedent’s domicile with documents like driver’s license or voter registration.
- Value assets promptly to determine if summary administration or small estate procedures apply.
- Record letters in each county’s register of deeds for real estate transfers.
- Track deadlines for creditor notices and tax filings in all jurisdictions.
- Consider hiring a South Dakota probate attorney for the primary filing and local counsel for out-of-state ancillary proceedings.
- Keep digital and hard-copy files of all probate documents and correspondences.
- Review South Dakota estate tax thresholds before distributing assets.