What can I do if the personal representative sends me a payment without explaining how they calculated my share of the estate? (SD)
Detailed Answer Short answer: Under South Dakota probate law, a personal representative (PR) must administer the estate transparently and keep beneficiaries reasonably informed. If you receive a payment with no explanation, you can (1) request a formal, itemized accounting in writing; (2) inspect the probate file and supporting documents; and (3) if the representative refuses, […]
Read article →What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened estate? (SD)
How to Prove You Are Next of Kin and Qualify as Administrator When Reopening an Estate in South Dakota Short answer: To prove you are the next of kin and qualify to be appointed administrator for a reopened probate in South Dakota, you will typically need a certified death certificate for the decedent; certified vital […]
Read article →How can I reopen my father's closed estate in South Dakota (SD) so I can be appointed as administrator?
Can a closed estate be reopened in South Dakota and how do I get appointed administrator? Detailed Answer — Reopening a closed estate and seeking appointment in South Dakota When a probate estate has been closed in South Dakota, a court may in certain circumstances reopen the estate so the court can address matters that […]
Read article →What steps do I need to take when the original estate administrator has died before completing the probate? (South Dakota – SD)
Detailed Answer If the court-appointed personal representative (often called an administrator or executor) dies before closing an estate in South Dakota, the probate case does not automatically end. The court must appoint a successor personal representative to finish administration, distribute assets, pay valid claims, and file required inventories and accounts. Below is a step-by-step overview […]
Read article →What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? (SD)
Detailed Answer — What it means if a survey (or title search) shows your mother’s property was conveyed out of her estate decades ago under South Dakota law Short answer: if a deed or other recorded instrument from your mother’s estate legally transferred the property to someone else and the transfer was validly recorded, you […]
Read article →How do I get the probate court’s permission to sell property in South Dakota (SD) when the clerk won’t explain filing requirements?
How to get South Dakota probate court permission to sell estate property when the clerk won’t explain filing requirements Detailed Answer — step‑by‑step guide under South Dakota law This is an explanation of how probate sales normally work in South Dakota and what to do if the court clerk won’t (or can’t) explain the legal […]
Read article →Can I recover personal items heirs removed from the house before I took possession and enforce the court’s order? — SD
Detailed Answer Short answer: In South Dakota you generally can recover personal property taken by heirs before you assumed control, and you can ask the court to enforce its prior order. Typical remedies include a replevin action (to get specific items back), a conversion claim (for value), and enforcement of the probate court’s order through […]
Read article →What steps do I need to follow as executor to sell real property to pay estate debts in South Dakota?
FAQ: How does an executor (personal representative) sell real property to pay estate debts in South Dakota? Detailed Answer — step‑by‑step guide under South Dakota law Note: This is educational information only and is not legal advice. You should consult a South Dakota probate attorney about your specific case. When you are the executor (personal […]
Read article →Can heirs of a deceased sibling be included in the partition action and how do I add them? (SD)
Detailed Answer Short answer: Yes — heirs of a deceased sibling can and generally must be included in a partition action if the deceased sibling owned (or had an interest in) the property being partitioned. You add them by joining the proper legal party for the deceased interest (the personal representative/executor if there is an […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in SD?
Detailed Answer — What happens to a safe deposit box after someone dies in South Dakota When a person who rents a safe deposit box dies in South Dakota, the bank will not automatically release the box contents to family members. Instead, banks follow a set of common procedures designed to protect the box’s contents […]
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