Detailed Answer

Short answer: Yes. Under South Dakota probate law, interested persons can ask the probate court to require the personal representative (also called the executor or administrator) to provide an accounting of estate property, transactions, receipts, and disbursements. The court has the power to order inventories, interim accounts, and final accountings and to compel production, review the accounts, and provide remedies when the accounting is incomplete or incorrect.

What counts as an “interested person” in South Dakota?

An “interested person” typically includes heirs, devisees (those named in the will), beneficiaries, creditors, and anyone else whose rights may be affected by the estate administration. If you are named in the will, you are an interested person and generally entitled to notice of key probate steps and to request information and accounts from the personal representative.

What kinds of accountings can the court require?

• Inventory and appraisal of estate property.
• Interim (periodic) accountings while the estate is open.
• A final accounting before distribution and closing the estate.

The court may require formal accountings in supervised administrations. Even in unsupervised (informal) administrations, interested persons can petition the court to order an accounting.

What must an accounting include?

A complete accounting will generally show:

• Assets on hand at the start (often the date of death or appointment).
• Receipts received by the representative (sale proceeds, income, insurance, benefits).
• Disbursements paid (debts, funeral expenses, taxes, administrative costs, attorney fees).
• Assets on hand at the end of the accounting period and any distributions made to beneficiaries.
• Backup documentation (bank statements, receipts, invoices, sale documents).

How do you ask the court for an accounting in South Dakota?

1. File a written motion or petition with the probate court that opened the estate, asking the judge to order the personal representative to file an accounting. State you are an interested person and explain why you seek the accounting (for example: concern about missing assets or unexplained transactions).
2. Serve the petition on the personal representative and other required parties under local court rules.
3. The court will schedule a hearing or set a briefing schedule. The judge can order production of documents, require a sworn accounting, and set deadlines.

What remedies are available if the accounting is incomplete or shows problems?

The court can:

• Order the representative to produce a corrected, supplemented, or verified accounting.
• Surcharge the personal representative for losses caused by misconduct, mismanagement, or failure to follow court orders.
• Remove the personal representative for breach of fiduciary duties or misconduct.
• Order restitution, turnover of estate property, or other relief to protect beneficiaries and creditors.

How does supervised versus unsupervised administration affect accountings?

In supervised administrations, the court oversees many steps of administration; formal inventories and accountings are routine and often required by statute or court order. In unsupervised administrations, the representative operates with more independence and fewer automatic court filings, but interested persons retain the right to petition the court to inspect books and compel accountings if concerns arise.

Example (hypothetical)

Maria is named a beneficiary in her late uncle’s will. The personal representative sold a house but did not report the sale to Maria or provide a copy of the closing statement. Maria is an interested person. She files a petition with the county probate court requesting an accounting, attaching copies of the will and her beneficiary status. The court orders the representative to file a verified interim accounting and produce the closing documents within 21 days. The representative misses the deadline; the court schedules a hearing where the representative must explain the delay, and the court may impose sanctions or order further relief if the accounting remains incomplete.

Relevant South Dakota statutes and resources

South Dakota’s probate law is codified in Title 29A of the South Dakota Codified Laws. The probate code sets out procedures for administration, inventories, accountings, notices, and the court’s power to supervise fiduciaries. For the governing statutes and procedural details, see the South Dakota Codified Laws, Title 29A (Probate): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute?Type=Title&Title=29A.

For practical probate forms and local procedures, check the South Dakota Unified Judicial System probate pages or contact the clerk of the county where the decedent lived.

Practical timing and costs

Ask for an accounting as soon as you have a clear reason. Early requests can prevent loss or dissipation of assets. Keep in mind that compelling a formal accounting can increase costs (attorney fees, court costs). Courts weigh the benefit of oversight against expense. If assets appear safe and the representative is cooperative, an informal request for records may resolve the issue with less cost.

When to consider hiring an attorney

• If the representative refuses to provide basic records or misses key deadlines.
• If the accounting shows unexplained transfers, large or suspicious transactions, or possible self-dealing.
• If you believe the representative breached their fiduciary duties, causing loss to the estate.

Helpful Hints

• Document your interest: Have a copy of the will or proof of heirship ready when you petition the court.
• Start with a polite written request to the personal representative for an inventory and transaction records—many disputes resolve without court involvement.
• Keep a timeline and copies of communications and any documents you receive.
• Ask the court clerk if your county requires a specific petition form for accountings; some counties provide standard probate forms.
• Preserve evidence: If you suspect fraud or misappropriation, do not wait unnecessarily to seek court intervention.
• Be mindful of costs: weigh the potential recovery against the expected attorney and court fees for a contested accounting.

Disclaimer

This article is for general informational purposes only and is not legal advice. Laws change and every case turns on its own facts. For advice about a specific situation in South Dakota, contact a licensed South Dakota probate attorney.