How does title transfer for an inherited home when there is no will and multiple heirs in South Dakota? | South Dakota Probate | FastCounsel
SD South Dakota

How does title transfer for an inherited home when there is no will and multiple heirs in South Dakota?

Disclaimer: This article is for educational purposes only and is not legal advice.

Detailed Answer

1. Open Probate in South Dakota

When a homeowner dies without a will (intestate), you must open a probate case in the circuit court of the county where the decedent lived. An interested party—often a close relative—files a Petition for Probate. The court then appoints a personal representative (also called an administrator) to manage the estate. See SDCL §29A-3-301 for filing requirements (link).

2. Determine Heirs Under Intestate Succession

With no will, ownership passes by intestate succession. South Dakota law (SDCL §29A-2-102) sets the order of inheritance:

  • If the decedent has a surviving spouse and no descendants, the spouse receives the entire estate.
  • If the decedent has a surviving spouse and descendants (who are also the spouse’s descendants), the spouse gets one-half of the intestate estate; the remaining half divides equally among the descendants.
  • If there is no spouse but there are descendants, the descendants inherit in equal shares.
  • If there are no spouse or descendants, the estate passes to parents, then siblings, and so on.

For full details, see SDCL §29A-2-102 (link).

3. Petition for Determination of Heirs

The personal representative files a Petition for Determination of Heirs. The court issues an Order of Heirship naming each heir and their share. That process follows SDCL §29A-3-307 (link).

4. Transfer Title with a New Deed

After the court signs the Order of Heirship and the estate closes, the personal representative or heirs prepare a new deed conveying the property. Usually this is a Commissioner’s Deed or a Quitclaim Deed executed by the administrator and signed by all heirs. The deed must:

  • Reference the probate case and the Order of Heirship.
  • Identify the heirs who receive title and their percentage interests.
  • Be notarized and recorded with the county Register of Deeds.

Once recorded, the county issues a new abstract and updates the tax records in each heir’s name.

Helpful Hints

  • Gather death certificate and all ownership documents before filing probate.
  • Interview family members early to identify all possible heirs.
  • Consult county-specific probate rules; some counties offer simplified or small-estate procedures if the estate value is low.
  • Keep careful records of all filings, notices, and court orders.
  • Speak with a South Dakota probate attorney if complex disputes arise between heirs.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.