Probate in South Dakota

Probate is the legal process of administering a deceased person’s estate. In South Dakota, the probate process is governed by state law and is conducted in the circuit court of the county where the deceased person was domiciled. Here’s what you need to know about probate in South Dakota.

Who is responsible for administering the estate?

The person responsible for administering the estate is called the personal representative. If the deceased person had a will, the personal representative is usually named in the will. If there is no will, the court will appoint a personal representative based upon state law.

What assets are subject to probate?

Only assets that are owned solely by the deceased person are subject to probate. Assets that are jointly owned with someone else, such as a spouse or child, are not subject to probate. Additionally, assets that have a designated beneficiary, such as life insurance or retirement accounts, are also not subject to probate.