Disclaimer: This article is for general information only and does not constitute legal advice.
Detailed Answer
Under South Dakota law, a personal representative must file a verified final accounting to conclude estate administration. South Dakota Codified Laws §29A-3-719 prescribes the timeframe and allows the court to grant extensions on finding good cause. You can review the statute here.
1. Identify Your Deadline
Check the probate order appointing you as personal representative. It often sets a specific due date for the final accounting. If it does not, state law generally requires filing within six months of your appointment or as the court directs.
2. Draft a Motion for Extension
Create a document titled “Motion for Extension of Time to File Final Accounting.” Include:
- A case caption with estate name, case number and court.
- Your appointment details and the current accounting deadline.
- Reasons for delay, such as complex assets or pending valuations.
- A citation to SDCL §29A-3-719 and any relevant local rule.
- The additional time you seek (for example, 30 or 60 days).
- A proposed order for the judge’s signature.
3. Serve Notice
Serve all interested parties—heirs, beneficiaries and known creditors—with the motion. South Dakota law generally requires at least ten days’ notice before the hearing. For service rules, see SDCL §29A-2-401.
4. File Your Motion and Attend the Hearing
- File the motion, proposed order and proof of service with the clerk of courts.
- Confirm the hearing date and attend in person or by telephone if allowed.
5. Obtain and Follow the Court’s Order
If the court finds good cause, it will issue an order granting the extension and set a new deadline. Continue estate administration and file your final accounting by that date.
Helpful Hints
- File the motion well before the original deadline to avoid penalties.
- Keep your motion concise and fact-based.
- Review local circuit court rules for specific formatting or scheduling requirements.
- Retain copies of all filed documents and proofs of service.
- Consider consulting an attorney for complex estates or contested matters.