Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In South Dakota, if no probate case exists for a decedent’s estate, you begin by filing a petition in the county court of the decedent’s residence. Follow these steps to open an estate proceeding:
- Identify the Will and Heirs. Determine if the decedent left a valid will. If so, locate the original document. If not, prepare for an intestate administration under SDCL 29A-2-103.
- Prepare the Petition. File a petition for probate of will or for letters of administration under SDCL 29A-3-201. Attach:
- Original will (if any)
- Certified death certificate (SDCL 29A-1-201)
- List of heirs or beneficiaries with addresses
- Estimated asset inventory
- Serve Interested Parties. Provide notice to heirs, devisees, and nominated personal representatives under SDCL 29A-3-311. File proof of service with the court.
- Publish Creditor Notice. Publish a notice to creditors once in a local newspaper per SDCL 29A-3-1001. This gives creditors 90 days to file claims.
- Attend the Hearing. The court will schedule a hearing to review the petition and documentation. Appear with proof of service and publication.
- Receive Appointment and Letters. Upon approval, the court issues letters testamentary or letters of administration under SDCL 29A-3-301. If bond is required, the court sets the amount under SDCL 29A-3-302.
- File Inventory and Accounting. Within 90 days, file an inventory of estate assets (SDCL 29A-3-313). Later, submit accountings as required.
Helpful Hints
- Collect all key documents like deeds, titles, and financial statements before filing.
- Confirm the correct county court by the decedent’s last residence.
- Keep organized records of notices served and published.
- Check county court fee schedules; fees vary by county.
- Consider consulting a probate attorney for complex estates or multiple properties.
- File timely to avoid delays and potential penalties.