Probate Estate Closing and Representative Discharge in South Dakota

At a glance

Requirements one by one

Formal complete settlement

A supervised administration may conclude by an order of complete settlement; an unsupervised one may use the same order on petition. The personal representative can petition four months after the original appointment. Another interested person may petition after one year, but must show good cause. The petition requests account approval or a compelled account, any needed testacy and heir determination, and final settlement and distribution. After notice to interested persons, a hearing, and proof that the account was mailed to the specified heirs, devisees and unresolved claimants, the court may terminate the appointment and discharge the representative. The order binds people given notice on the matters decided, subject to appeal. (SDCL § 29A-3-1001.)

Unsupervised closing statement

Unless a court order prohibits it, a representative in unsupervised administration may file a verified statement at least four months after the original general appointment. The statement addresses creditors' claims, state estate and inheritance taxes, disposition of presented claims and expenses, and distribution of assets. Any outstanding liability must be described along with distributee agreement or other arrangements. The representative sends the statement and full accounting to entitled heirs and devisees, plus known creditors and claimants whose claims remain unpaid and unbarred. Those entitled to an accounting copy may waive it in writing. If no proceeding involving the representative is pending one year after the statement was filed, the appointment ends. (SDCL § 29A-3-1003.)

What trips people up

The closing statement starts a separate six-month limit for successors' and certain creditors' fiduciary-duty claims against the representative. Fraud, misrepresentation and inadequate disclosure claims are excepted from that bar. (SDCL § 29A-3-1005.)

Common questions

Does a certificate release a bond surety from all claims? After appointment termination, the representative or surety may seek a clerk's certificate showing apparent full administration. It evidences discharge of a lien securing performance, but does not prevent an action against the representative or surety. (SDCL § 29A-3-1007.)

What if more estate property turns up? On an interested person's petition and court-directed notice, the court may appoint the same or a successor representative to administer property discovered after settlement and discharge or more than a year after the closing statement. (SDCL § 29A-3-1008.)

Statutes and sources

The verbatim operative passages, official section URLs and access date are recorded above. (SDCL §§ 29A-3-1001, 29A-3-1003, 29A-3-1005, 29A-3-1007, 29A-3-1008.)