Locating a Missing Parent When You May Be an Heir: A South Dakota Guide

Disclaimer: This is general information, not legal advice. For case-specific guidance, speak with a licensed South Dakota probate attorney.

Overview — what the court expects

If someone who may be an heir or next-of-kin cannot be located, South Dakota probate courts still require reasonable efforts to find and notify them before certain actions (for example, appointing a personal representative, distributing estate property, or closing an estate). If the court finds that a person cannot be located after reasonable efforts, it may allow alternative notice methods (for example, publication). The following explains practical steps you can take and the court procedures that typically apply.

Step-by-step practical search plan

• Start with family records. Check birth certificates, family Bibles, marriage or divorce records, old letters, photos, social media, and contact lists to capture last known addresses, employers, or friends.
• Ask relatives and friends. Talk with neighbors, ex-spouses, adult children, siblings, and close friends. Ask where the missing person last lived, worked, or received mail.
• Use public records. Search property records, voter registration, tax records, and court records in counties where the person lived. County auditor, register of deeds, and clerk of courts offices often keep searchable records.
• Request vital records. Check death records with the South Dakota Department of Health to confirm whether the person is deceased: https://doh.sd.gov/VitalRecords/.
• Check federal databases and benefits records. Contact the Social Security Administration to verify death benefits or records when appropriate. The SSA Office can advise on third-party access restrictions.
• Use online search tools and databases. Commercial people-search services, social media platforms, and professional databases can yield current contact information. Keep records of search queries and results for the court.
• Contact employers and professional licensing boards. If you know former workplaces or professions, employers or licensing boards may have forwarding information.
• Hire a private investigator. When other efforts fail, a licensed investigator can run databases, make field inquiries, and provide an affidavit of search efforts to the probate court.

How to document and present search efforts to the court

Keep written records of each search step: dates, who you contacted, what records you checked, and the results. The probate judge will want to see evidence of “due diligence.” Useful documentation includes:

• Copies of correspondence (emails, letters, certified mail receipts).
• Search logs from online databases and screenshots.
• Affidavits from relatives, friends, employers, or a private investigator describing their efforts.
• Printouts of property, voter, or court records showing no current address.

If the person still cannot be located — court procedures commonly used in South Dakota

When a potential heir cannot be found despite reasonable efforts, probate practice provides alternative notice methods so the probate can move forward:

• Service by publication. The court may permit notice by publishing a legal notice in a newspaper of general circulation in the county where the decedent last lived. Publication is usually for a set number of weeks and constitutes constructive notice under the court’s order.
• Posting and mailing. Courts sometimes order notice posted at the courthouse and mailed to the last known address, if any.
• Appointment of a personal representative. If the missing person is an heir and a personal representative is needed to administer the estate, the court may appoint an administrator or personal representative after required notices (including publication) have occurred.
• Escrow or bond. In some cases the court may require the personal representative to post a bond or place disputed assets in escrow pending claim resolution by an unknown heir.

For the South Dakota statutes and rules that guide probate notice and administration, see the South Dakota Codified Laws and the Unified Judicial System information: https://sdlegislature.gov/Statutes/Index.aspx and https://ujs.sd.gov/.

Common questions about timing and costs

• How long should I search before asking the court to allow publication? There is no fixed time; the court looks for a showing of reasonable diligence. Documented attempts over several weeks that use multiple search methods are more persuasive than minimal effort.
• Who pays for the search or for publication? The estate typically pays reasonable costs for publication and for hiring investigators, subject to court approval as an estate administration expense.
• Can the court proceed without locating the person? Yes. If the court allows substitute notice (publication, posting, etc.) and the statutory waiting periods pass, the court may approve distribution or other orders even if a missing potential heir never appears.

When to get legal help

Consider consulting a South Dakota probate attorney if:

• The missing person is a primary heir under intestacy and locating them affects who should be appointed or how assets should be distributed.
• Searches are extensive and you need to prepare affidavits or motions for the court permitting alternative notice methods.
• Competing heirs, disputed claims, or complex assets create risk of later litigation.

Helpful hints

• Keep all search records organized and dated — the court will want proof of “reasonable efforts.”
• Check multiple counties — people often move across county lines without updating records.
• Use certified mail for any last-known addresses; retain mailing receipts and returns.
• Confirm whether a social media account appears active — but document your findings; do not rely solely on hearsay.
• Consider a local private investigator for fieldwork; courts accept investigator affidavits as evidence of search diligence.
• If you find the person, notify the probate court immediately and serve them as required by the court rules.
• If you cannot find them, prepare a focused affidavit summarizing searches and request the court permit publication or other alternative notice.

Helpful state resources:

• South Dakota Codified Laws (statutes): https://sdlegislature.gov/Statutes/Index.aspx
• South Dakota Unified Judicial System (probate information and forms): https://ujs.sd.gov/
• South Dakota Department of Health — Vital Records: https://doh.sd.gov/VitalRecords/

If you want, provide brief facts about your situation (for example: whether probate is open, whether you are petitioner or nominee for personal representative, the county involved, and any search steps already taken). That will help identify more specific steps you can take in South Dakota.