Disclaimer: This article provides general information and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney.
Detailed Answer
In South Dakota, estate administration (probate) is conducted by the circuit court in the county where the decedent resided at death. The process follows the South Dakota Uniform Probate Code (SDCL Title 29A). To begin, an interested party—often a surviving spouse or adult child—files a petition with the clerk of courts in that county. Once the court appoints a personal representative, that person gathers assets, pays valid debts and taxes, and distributes remaining property to heirs or beneficiaries. Key statutory steps include:
- Filing a petition for probate or for appointment of a personal representative (SDCL 29A-3-301, sdlegislature.gov).
- Publishing and mailing creditor notices (SDCL 29A-3-305).
- Submittal of an inventory and appraisal of estate assets (SDCL 29A-3-313).
- Petitioning for a final decree and distribution of assets (SDCL 29A-3-722).
Unclaimed property in South Dakota—such as inactive bank accounts, uncashed checks or abandoned securities—is managed by the Office of the State Treasurer’s Unclaimed Property Program under SDCL Chapter 6-13. The Treasurer holds these assets until rightful owners claim them. To recover property, search the state’s unclaimed property database and submit a claim form with proof of ownership at sdtreasurer.gov/unclaimed-property. The Treasurer reviews documentation and, once approved, disburses funds or releases property to the claimant.
Helpful Hints
- Visit your county’s clerk of courts website to download local probate forms and fee schedules.
- Compile all financial records, deeds and account statements before filing a probate petition.
- Notify known creditors promptly to limit delayed claims after estate distribution.
- Search the State Treasurer’s unclaimed property portal annually to discover lost or forgotten assets.
- Consider consulting a probate attorney if the estate involves complex assets, contested wills or beneficiaries in multiple states.