Detailed Answer — What to know and the typical steps in South Dakota

1. First: Determine how title passed

Decide whether the property passed to heirs through probate (was owned solely by the decedent and passed by will or intestacy) or passed outside probate (joint tenancy, rights of survivorship, transfer-on-death, or living trust). If it’s in the estate, most sales or distributions will proceed through the probate process. If the property is owned as tenants in common by the heirs, any co-tenant may file a partition action in circuit court to force either a physical division or a sale.

2. Which court and what statutory framework applies

• Partition actions and other civil actions affecting title are filed in the South Dakota circuit court for the county where the property is located. See South Dakota civil actions and remedies generally at Title 21: SDCL Title 21.
• If the property is part of a decedent’s estate, probate procedures and the authority of personal representatives are governed by the South Dakota Probate Code (Title 29A): SDCL Title 29A (Probate). That Title explains how executors, administrators, and guardians handle estate property.

3. How minors are protected in either process

South Dakota courts require special protection for minors’ legal interests. In practice this looks like:

• Appointment of a guardian ad litem (GAL) or attorney to represent the minor’s interest in the partition or sale proceeding.
• If sale proceeds are distributed to a minor, those funds generally must be paid to a court-appointed guardian of the minor’s estate, deposited in a blocked (court-supervised) account, or otherwise handled under probate/guardianship rules until the minor reaches majority.
• If there is an open probate, the personal representative must follow probate rules for disbursing funds to minors and may need court approval for transactions that affect minor heirs.

4. Typical step-by-step process (both scenarios)

1. Identify all owners/heirs and determine how title passed (deed, will, affidavit of death of joint tenant, probate case number if open).
2. If the estate is not yet in probate but the decedent owned the property alone, the interested party (often a spouse, heir, or potential personal representative) should open a probate case or contact the existing personal representative.
3. If owners are tenants in common and a co-tenant wants a sale, the co-tenant files a partition action in circuit court naming all co-owners (including minors) as parties.
4. In either a partition or probate sale petition, inform the court and the other parties that some heirs are minors. Ask the court to appoint a guardian ad litem or other protector for the minors’ interests.
5. The court will typically appoint a guardian ad litem (or counsel) to evaluate the proposed sale and an appropriate way to handle the minor’s share (guardian of the estate, blocked account, or court-approved distribution). The court may require a hearing and/or appraisals to determine fair value.
6. If the court orders sale, it will specify how proceeds are distributed and handled for minors (e.g., payment to a guardian of the minor’s estate or deposit in court registry). If a personal representative sells estate property, court approval or notice may be required under probate rules.

5. Documents and evidence you will typically need

• Death certificate and any will; letters testamentary or letters of administration if probate is open.
• Property deed and legal description (from the county register of deeds).
• List of heirs/owners with contact information and ages for any minors.
• Recent appraisal or market analysis and mortgage payoff information if any.
• Proposed sale agreement or petition details explaining why sale is necessary (e.g., sale required because property can’t be physically divided or co-owners cannot agree).

6. Practical timing and costs

Partition and probate sales take time. Expect weeks to months for pleadings, service, appointment of a guardian ad litem, hearings, and court approval. Costs include filing fees, publication and service fees, appraisal and title costs, attorney fees, and possibly bond or guardian fees. Courts balance protecting minors with efficient estate administration.

7. Example (hypothetical facts to illustrate)

Anna dies owning a farmhouse in coding county. Her will leaves the house equally to her two adult children and one grandchild who is 10. The personal representative tries to sell the house to divide proceeds. The court opens probate (Title 29A applies). The minor’s interests are protected: the court appoints a guardian ad litem to review the sale; sale proceeds payable to the minor are placed under court supervision (or paid to the guardian of the minor’s estate). If, instead, the three heirs were co-owners holding title as tenants in common and one heir filed for partition in circuit court, the court would notify and appoint a guardian ad litem for the minor and either order a division in kind or a sale with supervised distribution of proceeds.

8. Where to look in the law

Helpful statutory starting points on the South Dakota legislature website:

• Partition and civil action rules: SDCL Title 21 — Civil Actions and Remedies: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayTitle.aspx?Title=21
• Probate, fiduciary duties, guardianship of minors, and distribution rules: SDCL Title 29A — South Dakota Probate Code: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayTitle.aspx?Title=29A
• South Dakota Unified Judicial System (for local court contacts and some forms): https://ujs.sd.gov/

Important procedural note: Courts have discretion to appoint appropriate guardians/counsel and to order the form of sale or division that best protects minors’ interests. The exact steps and forms can differ between counties and between probate versus a standalone partition case.

Disclaimer: This article explains general South Dakota procedures and is for educational purposes only. It is not legal advice. For help with a specific case involving minors or estate property, consult a licensed South Dakota attorney experienced in probate and real estate litigation.

Helpful Hints

• Start by confirming title: pull the deed from the county register of deeds to see how ownership is recorded.
• If probate is open, contact the personal representative before filing separate litigation — the probate route may simplify matters.
• Expect the court to require a guardian ad litem or counsel for any minor named as a party; be prepared for additional hearings and fees for that protection.
• Consider negotiation or mediation among heirs before filing a partition action; a buyout by an adult heir or sale by private agreement can save time and court costs.
• Keep records of communications, appraisals, and settlement offers — courts will look for fair dealing when minors are involved.
• Ask the court how minor’s proceeds will be handled (guardian account, court registry, or guardian of the estate) and whether a bond or accounting will be required.
• Get professional help on tax implications — sale of inherited property can have capital gains consequences and may affect future benefits for the minor.
• Work with a South Dakota probate or real property attorney to prepare pleadings, request appropriate guardianship protections, and minimize delays that could harm a minor’s financial interest.