How to Appoint a Guardian or Guardian ad Litem for a Minor’s Estate Interest in South Dakota
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer Under South Dakota law, a minor cannot directly manage assets left in an estate. The court must appoint either a guardian of the estate or a guardian ad litem to protect the minor’s financial interests during probate. 1. Who […]
Read article →What Steps Protect a Minor’s Inheritance When the Decedent Did Not Leave a Will in South Dakota?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for guidance. Detailed Answer When a decedent dies without a will in South Dakota, state law governs how the estate passes to heirs. Under South Dakota’s intestacy laws (SDCL 29A-2-102), a minor child inherits in the same share […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in SD?
Disclaimer: This article provides general legal information under South Dakota law and does not constitute legal advice. Consult a licensed attorney to address your specific situation. Detailed Answer Bond Requirements for Administrators South Dakota law requires an administrator to post a bond before taking control of estate assets. SDCL §29A-3-303 mandates the bond amount to […]
Read article →Can a personal representative in South Dakota seek a commission on estate assets and sale proceeds?
Disclaimer: This article provides general information about South Dakota probate law and does not constitute legal advice. Consult a licensed attorney to address your specific situation. Detailed Answer In South Dakota, a personal representative (also called an executor or administrator) may request compensation for administering an estate. The court must approve any fees. SDCL 29A-3-714 […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in South Dakota?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation. Detailed Answer Step 1: File for Probate and Appoint a Personal Representative To start, file a petition in the circuit or county court in the county where the decedent lived. Under South […]
Read article →How Do South Dakota Intestacy Rules Apply If No Valid Will Is Found?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Intestacy Rules in South Dakota Detailed Answer When a person dies without a valid will—called dying “intestate”—South Dakota law allocates their assets to heirs according to the South Dakota Uniform Probate Code (SDCL Chapter 29A-2). The process follows a hierarchy of […]
Read article →Which court or county office handles estate administration and unclaimed property claims in South Dakota?
Disclaimer: This article provides general information and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney. Detailed Answer In South Dakota, estate administration (probate) is conducted by the circuit court in the county where the decedent resided at death. The process follows the South Dakota Uniform Probate Code (SDCL […]
Read article →What steps are required to open an estate proceeding when no probate case exists in South Dakota?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In South Dakota, if no probate case exists for a decedent’s estate, you begin by filing a petition in the county court of the decedent’s residence. Follow these steps to open an estate proceeding: Identify the Will and Heirs. […]
Read article →How Can Someone Determine if a Probate Estate Has Been Opened for a Decedent in South Dakota?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies in South Dakota, the personal representative must apply for probate in the circuit court for the county where the decedent lived. To determine if a probate estate has been opened for a decedent, follow these steps: […]
Read article →What Information Is Needed to Request Estate Files from a County Probate Division in South Dakota?
Detailed Answer Under South Dakota law, probate records are public unless a court seals them. To request estate files from a county probate division, you must provide key information so the court clerk can locate the correct file. South Dakota courts use the Uniform Probate Code codified in Title 29A of the South Dakota Codified […]
Read article →