Detailed Answer
Under South Dakota law, probate records are public unless a court seals them. To request estate files from a county probate division, you must provide key information so the court clerk can locate the correct file. South Dakota courts use the Uniform Probate Code codified in Title 29A of the South Dakota Codified Laws (SDCL). See SDCL 29A-3-114 for public access rules: https://sdlegislature.gov/statutes/Codified_Laws/2040519.
Typically, you will need:
- Decedent’s full legal name: Include any aliases or variations used in the estate proceedings.
- Date of death: The exact or approximate date as listed in the estate petition.
- Probate case or docket number: If known, this speeds up retrieval. If you don’t have it, the clerk can search by name and date of death.
- County of probate: Identify the county where the estate was administered (e.g., Pennington County).
- Your name and contact information: Full name, mailing address, phone number, and email if available.
- Proof of interest (if required): Some records may be restricted to heirs or personal representatives. The clerk may ask for identification or documentation proving your relationship or role. See SDCL 29A-3-108: https://sdlegislature.gov/statutes/Codified_Laws/2040515.
- Purpose of the request: Stating why you need the records (e.g., genealogy research, legal review) may help the clerk direct you to redacted or non-confidential documents.
- Fees and payment method: Most counties charge a per-page copying fee and a certificate fee. Check the local court clerk’s fee schedule or SDCL 16-13-39 for maximum copying fees: https://sdlegislature.gov/statutes/Codified_Laws/2020268.
How to submit your request:
- In person: Visit the circuit court clerk’s office in the county where the estate was filed. Bring a government-issued photo ID.
- By mail: Send a written request with all the information above, a self-addressed stamped envelope, and payment or payment authorization (check or money order).
- Online: Some county courts offer eFile portals or public access terminals. Check the court’s website for remote request options.
Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. For specific guidance, consult a qualified attorney.
Helpful Hints
- Review the county court’s website before visiting—many provide downloadable request forms.
- Call ahead to confirm fees and acceptable payment methods.
- Ask if certified copies or plain photocopies meet your needs.
- If records are sealed, you may need a court order—consult SDCL 29A-3-114 for details.
- Keep a record of your request date and any reference or receipt numbers.