Surviving Spouse Rights in South Dakota When a Spouse Dies Without a Will
What a Surviving Spouse Should Know After an Intestate Death in South Dakota Quick overview: If your spouse died without a will in South Dakota, state intestacy law and the probate court determine who gets property and who makes estate decisions. You have legal rights — including the right to petition the court to open […]
Read article →Becoming the Estate Administrator in South Dakota When a Spouse Dies Intestate
Overview: Seeking Appointment as Personal Representative in South Dakota Probate Court This article explains, in plain language, how a surviving spouse can seek appointment as the personal representative (administrator) of a decedent's estate in South Dakota when the decedent died without a will and other family members are not cooperating. It covers the court process, […]
Read article →Claiming Surplus Foreclosure Funds in South Dakota: Recovering Money After a Deceased Parent's Property Was Sold
How to Recover Surplus Sale Proceeds After a Foreclosure When an Estate Was Never Probated Short answer: If a foreclosure sale produced surplus funds (money remaining after paying the mortgage, liens, and sale costs), those funds belong to the decedent’s estate or legal heirs. In South Dakota you will generally need to identify the holder […]
Read article →Transferring an Inherited Single‑Member LLC Interest in South Dakota
How to Transfer an Inherited Membership Interest in a Single-Member LLC in South Dakota Not legal advice. This article explains general South Dakota procedures and common issues; consult a South Dakota attorney for advice tailored to your situation. Short answer When the sole member of a single-member South Dakota LLC dies, the decedent's membership interest […]
Read article →South Dakota: Secretary of State Records Banks Will Use to Verify a Deceased Family Member Was the Sole Member of an LLC
Detailed Answer If you need to show a bank that a family member was the sole owner (single member) of a South Dakota limited liability company (LLC), the Secretary of State (SOS) can provide official, certified business records that help—but those records may not be the whole story. Below is a clear checklist of what […]
Read article →South Dakota: Requesting an Accounting During Probate
Detailed Answer Short answer: Yes. Under South Dakota probate law, interested persons can ask the probate court to require the personal representative (also called the executor or administrator) to provide an accounting of estate property, transactions, receipts, and disbursements. The court has the power to order inventories, interim accounts, and final accountings and to compel […]
Read article →South Dakota: How to Qualify as Administrator of a Sibling’s Intestate Estate
Serving as the Personal Representative for a Sibling’s Intestate Estate in South Dakota Detailed answer — what you need to know under South Dakota law This section explains, in plain language, how someone (for example, a brother or sister) can qualify and be appointed to administer a sibling’s estate when the sibling died without a […]
Read article →South Dakota: Can an Estranged Spouse Claim an Estate if Divorce Was Not Final?
Detailed Answer Under South Dakota law, a person who is still legally married when someone dies is treated as the decedent's spouse for probate and inheritance purposes. That means if a divorce is not final on the date of death, the estranged spouse generally retains the legal rights of a surviving spouse and can make […]
Read article →South Dakota — Recovering Funeral Expenses and Pre-Settlement Costs from an Estate
Can I recover funeral expenses and other costs I paid before the estate is settled? Short answer: In South Dakota, people who pay a decedent’s funeral or other reasonable expenses can generally be reimbursed from the decedent’s estate. To preserve that right you must present a claim to the personal representative (executor/administrator) and follow probate […]
Read article →How do I re-record or update a joint survivorship deed after co-owners died in South Dakota (SD)?
Detailed Answer When co-owners who held property as joint owners with right of survivorship die, title generally passes automatically to the surviving joint owner(s). However, the public record (the deed on file at the county Register of Deeds) still shows the old deed names. To make the current ownership clear to title companies, lenders, taxing […]
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