Detailed Answer
When someone passes away in South Dakota, the appointed personal representative (formerly “executor” or “administrator”) must provide heirs with key information and perform specific duties throughout the probate process. These requirements ensure transparency and protect your right to fair treatment under state law.
1. Initial Notice of Administration
Within 14 days of receiving Letters of Personal Representative, SDCL 29A-3-715 requires the representative to send a written Notice of Administration to all heirs and devisees. This notice must include:
- The personal representative’s name and mailing address
- The decedent’s name, date of death, and probate court information
- A statement that the representative is authorized to act on behalf of the estate
- Your right to request copies of the will, inventory, and accountings
- Information on how to demand notice of court hearings or object to actions
2. Duty to Keep Heirs Informed
Under SDCL 29A-3-703, the personal representative must keep beneficiaries reasonably informed about the estate’s administration and respond to information requests. Key points include:
- Promptly providing, upon written request, copies of the inventory, appraisals, receipts and disbursements, and court filings
- Answering reasonable questions about estate assets, claims, and proposed distributions
- Notifying heirs of petitions filed in probate court (e.g., to sell real estate or pay debts)
3. Periodic and Final Accountings
The personal representative must file an initial accounting with the court—typically within six months of appointment unless the court extends the deadline—and serve a copy on each heir. Thereafter, SDCL does not set strict annual deadlines, but best practices and court orders often require yearly accountings until distribution is complete. Each accounting shows:
- Assets received (with values at date of death)
- Income earned and expenses paid (debts, taxes, and administration costs)
- Assets distributed or proposed for distribution
Before making the final distribution, the representative must serve a Notice of Proposed Distribution and file a final accounting. Heirs have 30 days from service to review and object to any aspect of the accounting or proposed distributions.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Keep your contact information current with the probate court to receive timely notices.
- Submit written information requests early—courts often require formal demands.
- Track deadlines for initial notices, accountings, and objections to protect your rights.
- Maintain copies of all estate documents you receive for future reference.
- Consider consulting a probate attorney if you encounter delays or disputes.