Detailed Answer — What you can and should do now

Short answer: act quickly to document and protect property, avoid taking or disposing of estate assets without authority, and file with the probate court to obtain formal authority. If you have an urgent risk of removal or theft, ask the court for temporary relief.

1. Who has legal authority before appointment?

Until the court appoints a personal representative (administrator or executor), no private person has court-authorized power to collect, sell, or distribute estate assets unless they have specific legal rights (for example, a joint tenant, a person named as an agent under a valid power of attorney that survived the decedent, or co-owner). The probate statutes that govern appointment and administration are in South Dakota’s probate code (Title 29A). See South Dakota Codified Laws, Title 29A: https://sdlegislature.gov/Statutes/Title/29A

2. Immediate practical actions you should take

• Document everything now. Walk through the house and take time-stamped photos and video of every room, closets, safes, garage, and storage areas. Photograph valuable items (jewelry, electronics, antiques) and record serial numbers, model numbers, and identifying marks.
• Create a written inventory. List items by room and include condition. Keep the original with a trusted copy saved off-site or in cloud storage. If possible, have a neutral witness (friend, neighbor, or law enforcement) sign and date the inventory and attest to the photos.
• Secure immediately accessible valuables. If you can do so without force or trespass, move small valuables (cash, important papers, passports, jewelry, firearm licenses) to a safe or a trusted off-site location such as a bank safe deposit box or with a trusted attorney. Avoid removing large items that could be disputed.
• Preserve the physical condition of the property. Do not throw away mail, paperwork, or personal property. Avoid cleaning that could destroy residue or evidence of ownership.
• Change access carefully. If the decedent was the sole owner and no one else has a legal right to occupy, you may consider changing locks to prevent unauthorized entry. Do this only after considering potential conflicts—if others have joint ownership or court-recognized rights, changing locks could create legal claims. When in doubt, seek a court order granting exclusive possession. If you change locks, document why and who had access prior to the change.
• Notify utilities, insurance, and mortgage holders. Tell the utility companies and the homeowner’s insurer that the owner died and that an estate is opening. This helps avoid shutoffs and maintains coverage for damage.
• Locate critical documents. Gather the will, trust documents (if any), deeds, vehicle titles, account statements, and any safe-deposit information. Note whether the will nominates a personal representative and where the will is stored.

3. What to do if a sibling or other family member is removing items

• Do not try to arrest them or use force. Confrontations can escalate and may expose you to criminal or civil liability.
• Document each incident. Take photos or video, note dates and times, and keep communications (texts, emails) that show threats or admission of removal.
• Contact local law enforcement if theft is occurring. Removal of another person’s property can be criminal and you may file a police report. South Dakota criminal statutes cover theft and related offenses (see Title 22): https://sdlegislature.gov/Statutes/Title/22
• Seek emergency probate relief. File for appointment and ask the probate court for temporary or emergency orders. The court can appoint a temporary personal representative or issue an order forbidding removal of estate property pending appointment. That court order carries legal force and can be enforced by the sheriff.

4. How to get court authority quickly

• Prepare and file a petition for probate / appointment. The estate process begins when someone files a petition in the county probate court seeking appointment as personal representative. South Dakota probate procedures and forms are handled through the Unified Judicial System; check local clerk resources or consult an attorney or the court clerk for filing requirements: https://ujs.sd.gov/
• Ask for temporary or emergency relief in the petition. When you file, include a request for temporary possession or a temporary restraining order to protect assets if there is an imminent risk of removal or waste. The court can schedule an expedited hearing.
• Consider bonding. Courts may require a bond for a personal representative. Be prepared to propose a bond amount or seek waiver if the will waives bond.
• Hire a probate attorney if possible. An attorney can draft the petition and any emergency motion quickly and advise on local practice and timelines.

5. If you become administrator, you must file an inventory

Once appointed, the personal representative has a duty to collect and inventory estate property, preserve it, and account to the court and beneficiaries. South Dakota’s probate code governs inventory and administration (see Title 29A): https://sdlegislature.gov/Statutes/Title/29A

6. Special ownership situations to watch for

• Joint tenancy or joint ownership: Property titled jointly with right of survivorship may pass automatically to the surviving owner(s) and is not part of probate.
• Trust-owned property: If the house is owned by a living trust, the trustee controls it according to trust terms.
• Property held by transfer-on-death or beneficiary designation: These pass outside probate.
• Confirm title and deed records if ownership is unclear; recorder of deeds can help identify ownership.

7. When to call the police vs. going to court

If someone is actively removing items right now, call law enforcement and file a report to stop ongoing theft. If the risk is imminent but not occurring, file for expedited probate relief (temporary injunction or temporary personal representative). Use both tools if necessary: police to stop immediate criminal acts and the probate court to obtain longer-term control of estate property.

Helpful Hints

• Take time-stamped photos and video of the entire property and save copies off-site or in the cloud.
• Make a room-by-room written inventory and include serial numbers for electronics and identifying information for valuable items.
• Do not destroy, hide, or throw away estate documents or items; preserve them for the court.
• If you must move small valuables for safekeeping, document where they came from and who you gave them to, and get receipts.
• Avoid changing locks if others clearly have legal rights to the property unless you obtain a court order first.
• Keep all communications with siblings or potential heirs in writing where possible. Save text messages, emails, and voicemails.
• Contact the county probate court clerk for local filing procedures and timelines; clerks can provide basic procedural information (not legal advice).
• Consider a quick consult with a probate attorney to draft and file an emergency petition—many attorneys offer limited-scope or short-term help for emergency filings.
• If you suspect theft, file a police report promptly and include your inventory and photos as evidence.
• Remember that formal authority comes from the probate court. An order from the court reduces the risk of disputes and allows sheriffs to enforce possession orders.