What Options Exist to Secure Missing Estate Documents from Uncooperative Institutions in SD?
Detailed Answer Under South Dakota law, a personal representative (also known as an executor or administrator) must locate and secure all assets and related documents of the decedent. The South Dakota Uniform Probate Code (SDCL Title 29A) outlines these duties. See SDCL Chapter 29A, Article 3 (SDCL Title 29A). When institutions—such as banks, brokerage firms […]
Read article →What type of deed should heirs sign to convey their interests in property in another jurisdiction, and how is it recorded under South Dakota law?
Detailed Answer When heirs inherit property located in a state other than where the decedent’s primary probate took place, they must comply with the local law of the state where that real estate sits. Under South Dakota law, property in South Dakota can only transfer through a properly executed deed filed in the county where […]
Read article →How Can a Beneficiary Verify Creditor Notice Requirements to Rely on the Two-Year Rule in South Dakota
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under South Dakota law, a personal representative must notify creditors after appointing to trigger the two-year deadline for filing unknown claims. If notice complies with SDCL 29A-3-801 and becomes effective, any creditor that did not receive direct notice has exactly […]
Read article →Should a Personal Representative in South Dakota Open an Estate Account to Handle Estate Funds?
Disclaimer: This article provides general information for educational purposes and does not constitute legal advice. For guidance on your specific situation, please consult a qualified attorney in South Dakota. Detailed Answer When you act as a personal representative (also called an executor or administrator) of an estate in South Dakota, you must keep estate assets […]
Read article →What Steps Are Needed to Bring Real Property into the Estate in South Dakota to Pay Claims of the Estate?
Steps to Bring Real Property into an Estate in South Dakota Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer When a person dies owning real property in South Dakota, a personal representative must follow specific steps to […]
Read article →Can I seek reimbursement from the estate for paying the funeral bill? (SD)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Under South Dakota law, reasonable funeral expenses paid on behalf of a decedent are treated as a priority claim against the estate. When someone pays for the funeral, they may […]
Read article →How can an administrator verify that a payment fully satisfied the outstanding vehicle loan in South Dakota?
Disclaimer: This article does not provide legal advice. It offers general information about South Dakota law to help you make informed decisions. Consult a qualified attorney for advice about your specific situation. Under SDCL §29A-3-708, a personal representative must pay valid claims against the estate before distributing assets. (Link: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Section=29A-3-708) Detailed Answer When an estate […]
Read article →How Does an Incomplete or Missing Marriage Certificate Affect a Surviving Spouse’s Allowance Claim in South Dakota?
Disclaimer: This article provides general information and does not constitute legal advice for your specific situation. Detailed Answer Statutory Spousal Allowances Under South Dakota Probate Law Under South Dakota law, a surviving spouse may receive certain allowances from the decedent’s estate. These include a family allowance for support during administration (SDCL 29A-2-201), a homestead allowance […]
Read article →How can a client obtain appointment as administrator when a higher-priority heir exists in South Dakota?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Detailed Answer Under South Dakota law, the court appoints a personal representative (administrator or executor) based on a fixed priority list in SDCL 29A-3-302. The default order is: Surviving spouse Adult children […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in South Dakota?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified South Dakota attorney for guidance specific to your situation. Detailed Answer In South Dakota, the personal representative (often called the executor or administrator) handles an estate’s probate process. The probate code (Title 29A of the South Dakota Codified […]
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