How to review and fix missing or incorrect probate filings in South Dakota
This article explains, in plain language, what you can do if probate records for your father’s estate are missing, incomplete, or contain errors. It summarizes the typical steps in South Dakota, the filings or motions you may need, and when you should consider hiring an attorney. This is educational information only and is not legal advice.
Detailed answer — what to know and what to do
Probate is the court-supervised process that proves a will (if any), appoints a personal representative (executor/administrator), identifies estate assets, notifies creditors, and distributes property. In South Dakota, probate and related procedures are governed by the South Dakota Codified Laws, Title 29A (Probate and Related Matters). You can read the statutes at the South Dakota Legislature website: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Title&Title=29A
If you find filings that are missing or incorrect in your father’s probate case, follow these general steps:
- Obtain the complete court file. Visit the probate clerk at the county where your father’s probate was opened and ask for a copy of the entire case file and docket. Many South Dakota courts also provide public access through the Unified Judicial System (UJS) portal: https://ujs.sd.gov/. Reviewing the file tells you exactly what was filed and what is missing (petitions, letters testamentary, inventories, accountings, notices, orders, and final reports).
- Identify the problem precisely. Common issues include missing inventory of assets, no accounting or an incomplete accounting, incorrect beneficiary names or distributions, missing notices to heirs or creditors, or clerical errors in filed documents. Note whether the estate is still open or already closed/settled.
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Determine available remedies.
Depending on the problem and the estate’s status, South Dakota procedures allow various remedies, including asking the court to:
- Order the personal representative to file a missing inventory or additional accountings.
- Correct clerical mistakes by filing or asking for a nunc pro tunc order (a court order that corrects the record).
- Compel discovery or production of estate records and supporting documents.
- Reopen a closed estate if material information was omitted or fraud occurred.
- Remove or surcharge (require repayment from) a personal representative for misconduct or mismanagement.
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Bring the matter to the court.
If informal requests to the personal representative do not resolve the issue, you can file a written motion or petition with the probate court asking for relief. Typical filings include a petition to compel an accounting or inventory, a motion to reopen the estate, or a petition to remove or surcharge the personal representative. The court will set the matter for hearing and notify interested persons.
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Act promptly — watch deadlines.
Many probate rights have time limits. For example, the time to contest probate actions, to file exceptions to accountings, or to seek removal may be limited. Delays can reduce remedies. Even if you are unsure what to do, request and preserve records quickly and consider seeking legal help early.
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Consider alternatives and evidence.
If an asset appears to be missing, gather supporting evidence: bank statements, title documents, correspondence, beneficiary designations, and proof of payments or transfers. If you suspect fraud, document suspicious transactions and communications.
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When the estate is already closed.
If the court discharged the personal representative and closed the estate, you may still petition the court to reopen the estate if you can show newly discovered assets, fraud, or material omissions. The court evaluates such petitions under South Dakota probate law and the facts presented.
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Get help if needed.
Probate law is technical. If the missing or incorrect filings involve significant assets, creditor claims, or suspected misconduct, consult an attorney licensed in South Dakota to assess remedies and represent you at hearings.
How the South Dakota statutes apply
South Dakota’s probate statutes are organized in Title 29A, which governs estate administration, inventories and accountings, procedure for creditors and heirs, and remedies. For procedural and substantive rules about inventories, accountings, reopening estates, and successor fiduciary duties, consult Title 29A directly: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Title&Title=29A
Because specific statute sections control time limits and procedures for actions such as reopening an estate or removing a fiduciary, review the applicable sections in Title 29A or speak with an attorney to identify the exact procedures and deadlines that apply to your situation.
Practical checklist — documents to gather before you act
- Probate case number and county where probate was opened.
- Copies of all filings you can obtain: petition for probate, will, letters testamentary/administration, inventories, accountings, notices, and orders.
- Evidence of assets (bank and brokerage statements, deeds, titles, insurance policies, retirement account statements).
- Communications with the personal representative (emails, letters, text messages).
- Any creditor claims or bills related to the decedent.
- A list of interested persons and beneficiaries with contact information.
What to expect at court
When you file a petition or motion, the court will usually require that interested persons receive notice. The personal representative will have an opportunity to respond. The judge may schedule a hearing where both sides present evidence. Remedies vary from orders to file missing documents and corrections to removal or surcharge in serious cases.
Costs and timelines
Filing fees and costs for serving notice apply. If you hire an attorney, expect additional professional fees. The timeline depends on the county court’s schedule and whether the matter is contested. Some corrections are simple and handled by the clerk or judge quickly; contested removal or fraud claims take longer.
Important: Do not delay. Many probate rights and remedies are time-sensitive.
Helpful Hints
- Start by getting the full probate file from the county clerk — you cannot fix what you cannot see.
- Keep copies of everything and a written timeline of events and communications.
- Ask the personal representative for missing documents in writing and keep proof of your request.
- If the personal representative claims an asset was sold or transferred, ask for proof (bank records, closing statements, transfer documents).
- Use the South Dakota statutes (Title 29A) as a reference for procedures, but rely on a licensed attorney for strategy and filings in court.
- If you suspect fraud, preserve electronic records and notify the court promptly — evidence can disappear quickly.
- Contact the probate clerk or the Unified Judicial System (https://ujs.sd.gov/) for procedural questions like filing fees and local practices.
When you should consult an attorney
Consult an attorney when the missing/incorrect filings involve large assets, potential self-dealing, creditor disputes, or when you want to pursue removal or surcharge of the personal representative. An attorney experienced with South Dakota probate law can draft the correct petition, meet deadlines, and present evidence effectively to the court.