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No. In South Dakota, not all your property may have to go through probate. The assets that do go through probate make up your probate estate. These are usually assets that are titled solely in your name and come under the control of your personal representative (formerly known as an executor).
It involves proving the will is valid, identifying and inventorying the deceased person's property, having the property appraised, paying debts and taxes, and distributing the remaining property as the will directs. In South Dakota, the cost for probate can range from $2,700 to $6,950 or more.
A formal probate requires additional court intervention and is required if the decedent passed away more than three years before the filing of the probate. An informal probate in South Dakota is often handled by the clerk of courts rather than a judge. A probate can also be testate or intestate.
In South Dakota, the process includes several stages such as validating the deceased's will, compiling an inventory of their assets, settling any outstanding debts or taxes, and finally, distributing the remaining assets among the designated beneficiaries.
For those who die without a will, probate law provides a means for distributing the property of the deceased, called an intestate probate proceeding. The court will appoint a personal representative to administer the estate and distribute the property. This person is often a surviving spouse or another beneficiary.
It is often written by the executor or trustee to provide beneficiaries with specific details about their inheritance, such as the assets they will receive, distribution timelines, any applicable taxes or fees, and any requirements or conditions that need to be fulfilled.
Probate is the legal process for reviewing the assets of a deceased person and determining inheritors. Probate proceedings typically focus on the existence, authenticity, and validity of a will. Probate can be initiated with or without a will.