FAQ: Documents Required to Apply for Probate Appointment and Oath in South Dakota

Short answer: To open a probate administration and be appointed as the personal representative in South Dakota you typically need a certified death certificate, the original will (if there is one), a completed petition or application for probate/administration, a statement of heirs and beneficiaries (names and addresses), a proposed order appointing the personal representative, the personal representative’s acceptance/consent and oath (or affidavit), any required bond or bond waiver, and any court-required notices or proof of service. Exact forms and additional items vary by county and by whether the decedent left a will.

Detailed answer — What you must prepare under South Dakota law

South Dakota administers decedents’ estates under the South Dakota Uniform Probate Code (Title 29A, SDCL). The county clerk of courts (probate court) will expect a package of documents so the court can determine whether to open formal administration and appoint a personal representative (executor or administrator).

Core documents (almost always required)

• Certified death certificate. One original or certified copy issued by the vital records office. Courts require a certified copy to prove the person has died.
• Original will (if any). If the decedent left a will, file the original will with the petition. If there is no will, state that fact in the petition (intestate administration).
• Probate petition or application to open administration. The formal pleading that asks the court to appoint a personal representative, names the proposed appointee, states whether there is a will, lists heirs and beneficiaries, and gives an estimate of estate assets and debts. The petition must comply with SDCL probate requirements. See Title 29A (Probate Code): https://sdlegislature.gov/Statutes/Title/29A
• Names, addresses, and relationships of heirs/beneficiaries. The court needs current contact information for persons entitled to notice under the Probate Code.
• Acceptance of appointment / Consent to serve. The person nominated as personal representative should sign an acceptance or consent form and provide any required identifying information.
• Oath or affidavit of personal representative. South Dakota requires the personal representative to take an oath to administer the estate faithfully. The court generally provides an oath form or will accept an affidavit executed before a notary. (See SDCL Title 29A for oath/qualification rules: https://sdlegislature.gov/Statutes/Title/29A)
• Proposed order and Letters. Draft order appointing the personal representative and application for Letters Testamentary or Letters of Administration (the court’s proof of authority). County clerks often have local forms.
• Proof of payment or waiver of bond, or a proposed bond. The court will determine if a bond is required. If the will waives bond or all beneficiaries sign a waiver, include the waiver. Otherwise present a bond or show you will obtain one.
• Filing fee. Probate filing fees vary by county. Confirm with the clerk of courts and include payment or a fee waiver request if eligible.

Additional documents you may need

• Affidavit of mailing or proof of service/notice. Many probate filings require notice to heirs, beneficiaries, and creditors and proof that notice was given.
• Renunciations or disclaimers. If a nominated personal representative declines, file the renunciation so the court can appoint a replacement.
• Inventory or schedule of assets (estimated values). Some counties require an initial inventory or at least an estimate of estate assets at filing; SD law requires inventories be filed within deadlines once appointed. See SDCL Title 29A.
• Affidavit or documentation for small estate summary procedures. If the estate qualifies as a small estate under state law or local rules you may be able to use a simplified process (and different forms).
• Certified copies of prior court orders or guardianship documents, if relevant. If the decedent had prior conservatorship/guardianship or there are prior judgments affecting the estate, include those documents.

Hypothetical example (to show how documents fit together)

Hypothetical: Jane Smith dies leaving a will that names her sister Mary as executor. To apply for appointment and oath Mary would bring to the county clerk:

• Jane’s certified death certificate;
• Jane’s original will;
• A completed petition to admit the will to probate and appoint Mary as personal representative;
• Mary’s signed acceptance/consent to serve;
• A proposed order granting Letters Testamentary and a completed oath form for Mary;
• Either evidence the will waives bond or a proposed surety bond;
• Names and addresses of Jane’s beneficiaries and heirs so the court can issue required notices;
• Payment of the filing fee.

If Mary files those items and the court approves, the court signs the order, Mary takes the oath, and the clerk issues Letters Testamentary authorizing Mary to act.

Where to find the required forms and statutes

1. South Dakota Codified Laws — Probate (Title 29A): https://sdlegislature.gov/Statutes/Title/29A. This Title contains statutory rules on petitions, appointment, qualification, bond, letters, inventories, notice, and fiduciary duties.

2. County clerk of courts (probate) — many counties publish local probate forms (petitions, oath forms, bond forms, notice templates). Contact your county clerk of courts or check the county website for probate packet and fee schedule.

Practical steps to file

1. Locate the county where the decedent resided at death — probate is usually filed in that county’s circuit/county court.
2. Gather the certified death certificate and the original will (if any).
3. Use the county’s probate packet or a standard petition form that complies with SDCL Title 29A and complete all required fields.
4. Collect contact information for all heirs and beneficiaries and prepare notices.
5. Decide whether the nominated personal representative will need a surety bond or if a waiver is available under the will or by beneficiary consent.
6. Bring identification for the proposed personal representative and payment for the filing fee to the clerk of courts.
7. After filing, serve any required notices and provide the court proof of service; appear at any scheduled hearing where the court will review the application and administer the oath.

Helpful Hints

• Check the county clerk of courts’ website first — many counties publish a probate packet with checklists and local forms that match the clerk’s procedures.
• Bring multiple certified copies of the death certificate — banks and other institutions typically require a certified copy to release assets.
• Keep the original will safe and deliver it to the probate court — do not mail the original unless specifically instructed.
• Ask the clerk whether the court requires a bond and whether the will waives bond; if a bond is required, contact an insurance or surety company in advance.
• Prepare an accurate list of estate assets and approximate values; you will later need to file a formal inventory under SDCL rules and local deadlines.
• If the estate looks small, ask the clerk about simplified or small estate procedures that may avoid formal administration.
• Consider consulting a probate attorney if: estate assets are large or complex; there are multiple residuary beneficiaries or heirs who may dispute matters; there is real property in multiple jurisdictions; or creditor or tax issues appear likely.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general probate practice under South Dakota law for informational purposes only. For advice tailored to a particular situation, contact a licensed South Dakota attorney or the county clerk of courts.