Detailed Answer

When someone dies, it’s crucial to find out if they left a valid will or other estate planning documents. South Dakota law does not require wills to be filed before death, so you must take several steps to locate and verify these documents:

1. Contact the decedent’s attorney

Start by identifying any attorney the decedent used for estate planning. Many law firms keep original wills or trusts. Call offices specializing in probate, elder law, or estate planning to ask if they represent the decedent.

2. Search personal records and safe deposit boxes

Review the decedent’s home files, drawers, and filing cabinets for estate documents. If they rented a safe deposit box, you can petition the circuit court for access. Under SDCL § 29A-3-301, file a petition at the county court where the decedent lived to open the box and inspect its contents.

3. Check local court and Register of Deeds records

Although wills generally aren’t filed until after death, probated wills become public records. Visit the county Register of Deeds or circuit court clerk’s office to search for any filed wills or ancillary probates under SDCL § 29A-3-303.

4. Verify the will’s validity

Once you locate a document labeled “Last Will and Testament,” ensure it meets South Dakota requirements. Under SDCL § 29A-2-501, a valid will must:

• Be in writing and signed by the testator (the person making the will).
• Be witnessed by at least two qualified witnesses who sign in the testator’s presence.
• Meet any handwriting requirements for holographic wills under SDCL § 29A-2-502.

5. Consult with a probate court or an attorney

If you find a potential will, you can file it for probate. If its authenticity or validity is in doubt, the circuit court will review it. Consider hiring an attorney to guide you through petitioning the court, notifying heirs, and handling any contests.

Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

Helpful Hints

• Search the decedent’s mail for attorney correspondence or billing statements.
• Look for red-flag words like “Will,” “Trust,” or “Estate” on envelopes.
• Ask close friends or family members if they know of any estate planning consultations.
• Review bank or credit union records for safe deposit box rentals.
• Check digital storage—emails, cloud drives—for scanned copies of estate documents.
• Keep detailed notes of every search step and communication.