How to Be Appointed an Estate Administrator or Co-Administrator in South Dakota
Step-by-step FAQ: Becoming an Estate Administrator or Co-Administrator in South Dakota Disclaimer: This is general information and not legal advice. Consult a licensed South Dakota attorney before taking action. Detailed answer — what you must know and do If someone dies owning property in South Dakota, the court must appoint a personal representative (often called […]
Read article →Avoiding Probate in South Dakota: Wills, Beneficiary Designations, TOD/POD, and Trusts
Detailed Answer Short answer: A will alone usually does not avoid probate in South Dakota. To keep assets out of probate you typically use beneficiary designations (life insurance, retirement accounts), payable-on-death (POD) or transfer-on-death (TOD) designations for bank and investment accounts, joint ownership with right of survivorship, and sometimes transfer-on-death deeds or trusts. Each tool […]
Read article →How to Buy Out Siblings’ Shares in a Parent’s House — South Dakota Law
How to buy out siblings’ shares in a parent’s house (South Dakota law) Quick answer: Under South Dakota law, you can often buy out your siblings’ interests in a parent’s real property by (1) confirming how title and the estate are handled, (2) valuing the house, (3) negotiating a written buyout agreement, and (4) transferring […]
Read article →How to File a Partition Action or Petition to Sell Inherited Real Estate in South Dakota When Heirs Are Minors
Filing a Partition Action or Petition to Sell Inherited Real Estate in South Dakota When Some Heirs Are Minors Quick answer: Whether you file a partition action in circuit court or a petition to sell estate property in probate, the presence of minor heirs requires the court to protect the minors’ interests—typically by appointing a […]
Read article →South Dakota: Can an estate recover money an heir withdrew from a parent's bank account or credit cards after death?
Detailed Answer Short answer: Under South Dakota law, money taken from a deceased person’s bank account or charges run on that person’s credit cards after death generally belong to the decedent’s estate unless the account or card had a valid non‑probate beneficiary (for example, a surviving joint owner with right of survivorship or a named […]
Read article →South Dakota — Appointing a Guardian ad Litem for Minor Heirs Before Selling Inherited Land
Short answer Yes. Under South Dakota law, a court can appoint a guardian ad litem (GAL) or otherwise provide a guardian or representative to protect the interests of minor heirs before a sale of inherited land. The probate or civil court supervising the estate or property sale may require representation for minors, and the court […]
Read article →Selling an Inherited Home with Minor Co-Owners in South Dakota: Court Approval Steps
Disclaimer This article is educational only and is not legal advice. Laws change and every case is different. Consult a licensed South Dakota attorney for advice specific to your situation. Detailed Answer When a home is inherited by multiple co-owners and at least one co-owner is a minor, the sale of the property typically requires […]
Read article →Filing a Year's Allowance Petition in South Dakota: What to Include
Year's Allowance Petition — South Dakota Detailed Answer Disclaimer: This is general information only and is not legal advice. For guidance about a specific case, consult a licensed South Dakota attorney or the probate court. In South Dakota, a petition for a year's allowance asks the probate court to set aside funds from a decedent’s […]
Read article →South Dakota — How to Handle a Parent’s Estate: Step-by-Step FAQ
How to handle a parent’s estate in South Dakota: a clear step‑by‑step FAQ Short answer: Secure the decedent’s documents and assets, determine if a will exists, contact the probate court in the county where your mother lived, and either open a probate case or follow small‑estate procedures. Pay funeral expenses and valid debts, file required […]
Read article →How to Switch to a Small Estate Process in South Dakota
Detailed Answer Short answer: South Dakota’s small‑estate procedure differs from North Carolina’s “year’s allowance” rules. If you have already opened a formal probate and discover the remaining probate estate may qualify for a South Dakota small‑estate affidavit or summary procedure, you generally cannot simply convert paperwork on your own — you must confirm the estate […]
Read article →