Detailed Answer
Gathering key information and documents before a person’s death can make the South Dakota probate process faster and less costly. Probate in South Dakota follows the Uniform Probate Code, found in SDCL Title 29A. By organizing records in advance, you help your executor or personal representative avoid delays under South Dakota law.
1. Will and Trust Documents
- Last Will and Testament: Ensure the will is properly signed and witnessed as required by SDCL 29A-3-301. Store the original with a trusted person or safe location.
- Revocable Trusts (if any): Include trust agreements, amendments, and schedule of trust assets.
2. Asset Records
- Real Estate Deeds: Copies of deeds, mortgage statements, property tax bills, and legal descriptions.
- Bank and Investment Accounts: Current statements, account numbers, branch contacts, and any payable-on-death (POD) or transfer-on-death (TOD) designations.
- Retirement Plans and IRAs: Beneficiary designation forms and latest account statements.
- Life Insurance Policies: Policy documents, insurer contact information, policy numbers, and named beneficiaries.
- Business Interests: Partnership agreements, corporate bylaws, and stock certificates.
- Vehicles and Other Titles: Car, boat, or mobile home titles and registration documents.
- Digital Assets: Lists of online accounts, passwords, and instructions for accessing email, social media, or digital currency wallets.
3. Debt and Liability Information
- Recent statements for mortgages, credit cards, auto loans, medical bills, and other outstanding debts.
- Contact information for creditors.
4. Personal and Family Documents
- Certified copies of birth certificates, marriage certificates, military discharge papers (DD-214), and divorce decrees.
- Social Security card and Medicare/Medicaid information.
- Names and contact details of beneficiaries and heirs.
5. Advance Planning Documents
- Durable Power of Attorney: Appoints someone to handle financial affairs if incapacity arises.
- Health Care Directive: Also known as a living will, designates medical decision-maker and spells out treatment preferences.
- Funeral, burial, or cremation instructions and prepaid contracts, if any.
With this documentation ready, your personal representative can pursue probate or a small estate affidavit under SDCL 29A-3-109, bypassing full administration when assets fall below the statutory threshold. Organized records also help reduce delays, avoid court disputes, and minimize legal fees.
Disclaimer: This article is not legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Store originals and share copies with your designated executor or agent.
- Update beneficiary designations after major life events (marriage, divorce, birth).
- Review documents biennially to confirm they reflect current wishes and assets.
- Keep a secure list of passwords and digital access details for executors.
- Consider consulting a South Dakota attorney for customized estate planning.