Detailed Answer — how this works under South Dakota law

When a person dies, some property becomes part of the probate estate and must be administered by the personal representative. Other property passes outside probate because of the way it is owned or because of beneficiary designations. Common nonprobate transfers include:

• Property held in joint tenancy with right of survivorship or as tenancy by the entirety — the surviving co-owner becomes full owner by operation of law.
• Bank or brokerage accounts titled payable-on-death (POD) or joint accounts with right of survivorship.
• Assets with named beneficiaries (life insurance policies, IRAs, 401(k) plans, annuities).
• Trust assets that are not titled in the decedent’s name.

South Dakota follows the Uniform Probate Code structure for probate procedure and what belongs to the estate for administration purposes. The personal representative’s inventory requirement generally covers property that is part of the probate estate and under the representative’s control. For the relevant statutory framework, see Title 29A of the South Dakota Codified Laws (Uniform Probate Code): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Chapter=29A

Because title rules determine whether property is part of the probate estate, assets that pass automatically to a surviving joint owner are usually not listed on the probate inventory of estate assets. For rules about how property interests transfer by operation of law and how title affects ownership, see South Dakota statutes on property and conveyancing: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Chapter=43

Important nuance: even if a particular asset is not part of the probate estate, the personal representative should know about it and may need to document its nonprobate status for creditors, the court, or for clarity when distributing probate assets. In other words, omission from the formal probate inventory does not mean you hide the asset — it means the asset does not require administration through probate.

How to tell whether an asset passed by right of survivorship

• Check the title or account name. Deeds and account titles usually state whether they are held as “joint tenants with right of survivorship,” “JTWROS,” or “tenants by the entirety.”
• Look for beneficiary designations. Retirement accounts and insurance rarely pass through probate if a valid beneficiary is named.
• Ask the institution. Banks, brokerages, and county recorder offices can tell you how an asset is titled and what documentation they require to transfer ownership after a death.
• Obtain a death certificate. Institutions typically require certified death certificates to remove a decedent’s name from jointly held accounts or to pay named beneficiaries.

What to include on the probate inventory

Include property that is part of the probate estate — that is, property in the decedent’s name that does not pass automatically by title or beneficiary designation. Typical probate inventory items include:

• Real estate titled solely in the decedent’s name (unless subject to lifetime transfer mechanisms).
• Personal property and bank accounts in the decedent’s sole name without payable-on-death or transfer-on-death designations.
• Assets owned by the decedent’s revocable trust only if those assets were not properly retitled into the trust before death (procedures vary).

Do not list assets that the institution or title documents show passed automatically to a surviving joint owner or beneficiary, but keep documentation (account statements, certified death certificates, copies of deeds) that proves that status in your probate file.

When a nonprobate asset still matters to the estate

Even if a right-of-survivorship asset is not part of probate, you may need to address it for these reasons:

• Creditors: Some creditor claims may require notice of nonprobate transfers, or creditors may seek to collect against certain transfers made shortly before death.
• Estate accounting and fairness: Beneficiaries under a will may expect an accounting that shows which assets bypassed probate and why.
• Title defects: If title is unclear or the survivorship designation is not valid, that asset could end up in probate until ownership is resolved.

Practical steps for a personal representative in South Dakota

1. Gather documents: deeds, account statements, beneficiary forms, and certified copies of the death certificate.
2. Confirm title: Contact banks, brokerages, county recorder, and other holders to confirm whether accounts transfer by survivorship or by designation.
3. File the required probate inventory for assets that belong to the estate under SD law (see Title 29A): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Chapter=29A
4. Keep a separate log or file of nonprobate assets, with copies of the proof that they passed outside probate.
5. If ownership is disputed or documentation is unclear, consider filing a declaratory action or asking the court for instructions rather than leaving title unresolved.

When to get legal help

Consult an attorney in these common situations:

• Title is ambiguous or a bank refuses to recognize a survivorship claim.
• There are creditor claims or potential claims based on transfers shortly before death.
• Multiple heirs dispute whether an asset should pass by survivorship or be included in the probate estate.

An attorney can review deeds, account titles, and statutory rules and, if needed, ask the court for clarification under South Dakota law (see Title 29A): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Chapter=29A

Helpful Hints

• Don’t assume: even if an account is joint, ask the institution what paperwork they need to transfer funds after a death.
• Keep copies: maintain a clear file showing which assets passed outside probate and why (title docs, beneficiary forms, death certificates).
• Communicate: tell beneficiaries and potential creditors which assets bypassed probate to reduce surprises and disputes.
• Check beneficiary forms: retirement and insurance beneficiary forms usually control over a will — verify they are current.
• When in doubt, document your steps and seek court instruction rather than unilaterally distributing disputed assets.