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South Dakota probate law requires the probate process to begin within three years of the individual's death. However, certain circumstances may affect this timeline.
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.
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.
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.
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).
The South Dakota Uniform Probate Code was designed to protect the rights of heirs and to assure the orderly collection, preservation and transfer of property. Having a will undoubtedly simplifies the distribution of your property. A will helps speed the probate process because your wishes are already outlined.
Small Estate Affidavit If an South Dakota estate has a gross value <$50,000, you can use the small estate process to settle the estate with no court involvement.
However, it is possible to skip probate in South Dakota if the entire value of an estate is less than $50,000. In that case, the estate would pass through what's called a simplified probate process.