Detailed answer — how appointment works in South Dakota

If your parent left a will that names your sibling as the executor (personal representative) but your sibling refuses to serve, you can usually ask the court to appoint someone else. South Dakota follows a probate process based on the South Dakota Uniform Probate Code (Title 29A). The court’s goal is to appoint a qualified, willing person to administer the estate and follow the decedent’s wishes.

Key steps you will typically follow

1. Obtain the original will and the death certificate. You will need these to open probate in the county where your parent lived.
2. Confirm the nominated executor’s refusal. If the named executor signs a written declination, that simplifies the process. If they verbally refuse, the court still treats the nominee as unwilling when they do not qualify or do not act.
3. File a petition for probate and for appointment of a personal representative. If you are a beneficiary or an interested person (heir, creditor, spouse), you can file the petition asking the probate court to admit the will and appoint a personal representative. If the nominee refuses, the petition can ask the court to appoint you (or another qualified person).
4. Give notice to interested persons. South Dakota law requires notice to interested persons and creditors so they can object if they have grounds.
5. Court issues letters testamentary or letters of administration. If the court admits the will and appoints you, it will issue documents (letters) that give you authority to act for the estate.

Who the court will appoint

If the person named in the will is unwilling or unable to serve, the probate court will appoint someone else from among the decedent’s interested persons who is qualified and willing. Priority rules vary, but courts often prefer someone closely related or named in the will as an alternate. If no suitable nominee exists, the court can appoint another interested person, such as another child, the surviving spouse, or a creditor in some circumstances.

When the court will deny your appointment

The court will not appoint someone who is legally disqualified (for example, under the law if a person lacks legal capacity, is under age, or has other statutory disqualifications). The court may also deny appointment if there is a conflict of interest or a credible objection from an interested person (for example, proven misconduct or incapacity).

Bond, fees, and duties

The court may require a bond (insurance to protect the estate) unless the will waives bond or the court dispenses with it. Personal representatives have duties including locating and protecting estate assets, paying valid debts and taxes, and distributing property under the will. The court supervises these duties. If you serve, keep careful records and communicate with beneficiaries.

Where South Dakota law discusses probate

South Dakota’s probate rules are in Title 29A of the South Dakota Codified Laws (Uniform Probate Code). For an overview of the statutes on appointment and administration, see the Title 29A table of contents at the South Dakota Legislature website: https://sdlegislature.gov/Statutes/Title/29A. For court procedures and forms, check the South Dakota Unified Judicial System: https://ujs.sd.gov/.

Typical timeline

With an uncontested petition (the nominated executor clearly refuses in writing and no one objects), the process can take a few weeks to a couple of months depending on local court schedules and whether a bond or other issues arise. If someone contests the appointment, the process can take longer and may require a hearing.

When to get legal help

Consider hiring an attorney if:

• Someone contests who should be appointed;
• The estate has complex assets, tax issues, or significant debts;
• There are allegations of undue influence, fraud, or incapacity related to the will;
• You want help preparing petitions, notices, and required court paperwork.

Helpful Hints

• Ask the named executor for a written declination. Courts prefer a clear document saying they refuse to serve; that speeds the appointment of a successor.
• Gather the original will, death certificate, asset statements, and a list of beneficiaries before filing. This reduces delays and missing-information objections.
• File the petition in the county where your parent lived. Local probate clerks can confirm the filing steps and required forms at ujs.sd.gov.
• If the will waives bond, bring that provision to the court’s attention. Waivers in the will can eliminate the need for a bond, saving time and expense.
• Communicate early with other beneficiaries. Clear, documented communication reduces disputes and the chance of contested hearings.
• Keep detailed records if you become personal representative: receipts, bank statements, inventory of assets, creditor notices, and communications with beneficiaries.
• If an interested person objects to your appointment, ask the court for a hearing and consider professional representation—contested appointments can involve credibility determinations and testimony.