Probate is the court-supervised process of validating a deceased person’s (the decedent) will and appointing an executor or administrator to administer the assets of the decedent to the rightful beneficiaries. Traditional probate proceedings can be lengthy, complicated and expensive. However, South Dakota law allows for a simplified probate, or “informal probate” process for qualifying estates.

Informal probate requires fewer steps with less oversight by the court. While the value of an estate does not affect its eligibility for this option, most informal probate estates are relatively modest. Also, informal probate can be used whether or not the decedent executed a last will and testament. In general, informal probate is permitted when the proceedings are uncomplicated and there are no contested issues for the court to resolve.

In order to proceed with informal probate, someone, usually the representative appointed in the decedent’s will or a close relative, files an application for informal administration with the court. The applicant must disclose basic information about him or herself and the decedent. The application also requires detailed information including:

• The names and contact information of all beneficiaries (If any beneficiary is a minor this must be disclosed to the court)
• The name and contact information of any appointed representative of the estate
• A statement as to whether the applicant knows of any demand for legal notice
• A statement as to whether the decedent died within the last three years

If there is a will, it must be appended to the application along with the required information about its execution. If there is no will, the applicant must submit a statement that she or he has made a diligent search for a will made by the decedent but found that there is no such document.

If the application is approved, the case follows the procedures set forth in the statute. The simplified process will take less time than conventional administration and save the estate and the beneficiaries money in probate fees, legal fees and administration costs. The personal representative or estate administrator marshals the assets of the estate and pays any debts, then distributes the remaining assets to the beneficiaries specified in a valid will (if applicable) or those beneficiaries specified by state intestacy laws. The estate is then closed and the case is concluded.

Located in Rapid City, South Dakota, Anker Law Group, P.C. can examine your situation and advise you on whether or not the estate in question may be eligible for the informal probate process. If you have an estate administration or other probate matter, feel free to contact us online or call 605-519-5967 for an initial consultation.