Disclaimer: This article is for informational purposes only and is not legal advice.
Detailed Answer
Under South Dakota law, letters of administration permit a personal representative to handle an intestate estate (one without a valid will). Follow these steps to apply:
- Identify the proper court: File in the circuit court of the decedent’s county of residence. See SDCL 29A-3-102.
- Determine qualification: Eligible persons include surviving spouse, adult children, parents or other heirs. See SDCL 29A-3-301.
- Prepare the petition: Complete the Petition for Letters of Administration. Attach a certified death certificate, a list of heirs with their addresses and estimated estate value, and proposed bond information (if required).
- Publish notice: After filing, publish a notice to creditors and heirs per SDCL 29A-3-1001. Provide proof of publication to the court.
- Attend the hearing: The court reviews the petition and may hold a short hearing. If no valid objections arise, the judge signs the order granting letters.
- Obtain letters: After the court signs the order (under SDCL 29A-3-201), request certified letters of administration from the clerk’s office.
AOC Forms Required
Most filings use standardized South Dakota Unified Judicial System (UJS) probate forms. The key forms include:
- Petition for Letters of Administration (Probate Form PR-100)
- Order Appointing Personal Representative (Form PR-101)
- Oath of Personal Representative (Form PR-102)
- Letters of Administration (Form PR-103)
- Notice to Creditors and Heirs (Form PR-105)
- Inventory (Form PR-110)
- Personal Representative’s Bond (if required) (Form PR-115)
You can download all current probate forms from the South Dakota UJS Forms Library: https://ujs.sd.gov/Public/Library/Forms.aspx.
Helpful Hints
- Double-check deadlines for creditor notices to avoid late claims.
- Consider waiving bond if the decedent’s assets exceed personal representative’s liability.
- Gather property and bank records early to prepare an accurate inventory.
- Notify all heirs in writing to minimize later disputes.
- Consult with a probate attorney for complex assets or potential conflicts.