South Dakota: Using a Small Estate Affidavit for an Intestate Estate
Short answer Yes — under South Dakota law you can often use a small‑estate collection procedure (commonly called a small‑estate affidavit or similar affidavit for collection of personal property) to collect certain personal property of a decedent who died intestate when the estate meets the statutory small‑estate threshold. However, the affidavit procedure has limits: it […]
Read article →South Dakota: When Mediation Fails in a Partition or Probate Dispute — What Happens Next?
If mediation ends without agreement: next steps in South Dakota partition & probate disputes Detailed answer — what happens when mediation fails If mediation does not produce a settlement, you will often proceed to court for a formal decision. Mediation is a voluntary (or sometimes court-ordered) attempt to resolve disputes outside the courtroom. When it […]
Read article →How to Open Probate in South Dakota for an Out-of-State Sibling's Estate
This FAQ explains, under South Dakota law, how an out-of-state sibling can open probate for a deceased brother or sister who lived in South Dakota. It uses simple steps and practical tips so you can understand what to expect. This is general information only and not legal advice. For decisions that affect your rights, consult […]
Read article →Settling a Parent’s Estate in South Dakota and Handling Out‑of‑State Property
Settling a Parent’s Estate in South Dakota and Managing Property in Another State Disclaimer: This is general information, not legal advice. I am not a lawyer. For legal advice tailored to your case, contact a licensed attorney in South Dakota and in the state where the property is located. Quick overview When a parent dies […]
Read article →South Dakota — How to Transfer Real Property to a Child After a Spouse’s Death
Frequently Asked Question This article explains the practical steps you generally must take in South Dakota to record a deed so a child becomes the owner after a spouse dies. It assumes no prior legal knowledge. This is educational information only and not legal advice. Detailed Answer: step-by-step guide When a spouse dies, transferring title […]
Read article →South Dakota: Ensuring a Wrongful Death Settlement Is Filed Correctly and Distributed as Agreed
How to make sure a wrongful death settlement is filed correctly with the court and distributed as agreed Not legal advice. This article explains general South Dakota law and common practice to help you know what to ask and expect. Consult a licensed South Dakota attorney to handle filings, court orders, and distributions. Detailed answer […]
Read article →Do I need a TOD deed or POD if my will leaves everything to my daughter? — South Dakota
How beneficiary designations, payable-on-death (POD), and transfer-on-death (TOD) tools interact with a will under South Dakota law Short answer: Yes — a TOD deed or POD designation can still matter even if your will leaves everything to your daughter. Wills control only property that passes through probate. Many common assets (bank accounts, retirement accounts, life […]
Read article →South Dakota: Requiring a Co‑Heir to Reimburse an Appraisal Before an Estate Buyout
Can a co‑heir be required to reimburse an appraisal before an estate buyout?—South Dakota FAQ Short answer: Sometimes. Whether you can require a co‑heir to reimburse you for an appraisal before completing an estate buyout depends on how the estate is being handled (formal probate vs. private buyout), whether the appraisal was ordered by a […]
Read article →Transferring a Deceased Parent's House to Children in South Dakota (Intestate)
Detailed Answer When a person dies without a will in South Dakota (intestate), the family home that was titled only in that person’s name does not automatically transfer to the children. South Dakota law determines who inherits, and a court process or other legal steps are usually required to update the deed and put the […]
Read article →How to Take Over a Deceased Parent’s Mortgage in South Dakota
Detailed Answer: How to take over your deceased parent's mortgage in South Dakota When a homeowner dies in South Dakota, the mortgage does not automatically disappear. The loan stays attached to the house until it is paid off, assumed by an heir with the lender's approval, or refinanced. What you must do depends on how […]
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