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Probate Guides & Estate Settlement Articles

Search probate guides, practical articles, and estate settlement resources.1563 in-depth guides • 105 blog posts

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South Dakota Probate Timeline
GuideSouth DakotaSupport Guide20 min read

South Dakota Probate Timeline

South Dakota informal probate usually takes 6 to 12 months, and the closing statement cannot be filed until four months after appointment.

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South Dakota Probate Without a Lawyer
GuideSouth DakotaSupport Guide21 min read

South Dakota Probate Without a Lawyer

South Dakota lets you settle an estate without a lawyer: two affidavits skip court, and informal probate goes to the Clerk of Courts for $122.

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South Dakota Revocable Living Trust
GuideSouth DakotaSupport Guide21 min read

South Dakota Revocable Living Trust

A South Dakota trust is irrevocable unless its terms reserve the power to revoke. How to draft, fund and certify a living trust under SDCL Title 55.

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South Dakota Small Estate Affidavit
GuideSouth DakotaSupport Guide16 min read

South Dakota Small Estate Affidavit

South Dakota has two small estate affidavits: $100,000 for personal property after 30 days and $50,000 for land after 60 days.

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South Dakota Step-Up in Basis
GuideSouth DakotaSupport Guide17 min read

South Dakota Step-Up in Basis

Inherited South Dakota property resets to its date-of-death value under IRC 1014, and South Dakota charges no income tax on a sale.

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South Dakota Surviving Spouse Rights
GuideSouth DakotaPillar Guide22 min read

South Dakota Surviving Spouse Rights

A South Dakota spouse can elect up to 50% of the augmented estate, stay in the homestead, and claim exempt property and a family allowance.

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South Dakota Transfer on Death Deed
GuideSouth DakotaSupport Guide16 min read

South Dakota Transfer on Death Deed

A South Dakota transfer on death deed must be recorded before the owner dies. After the death, the beneficiary records an affidavit of confirmation.

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South Dakota Trust Administration
GuideSouth DakotaSupport Guide24 min read

South Dakota Trust Administration

How a South Dakota successor trustee runs a trust after a death: the 60-day notice, quiet trusts, creditor notices and accountings.

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South Dakota Will Contest
GuideSouth DakotaSupport Guide21 min read

South Dakota Will Contest

A South Dakota will contest is a formal testacy proceeding in circuit court. SDCL 29A-3-407 names the grounds and 29A-3-108 sets the deadline.

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South Dakota Will Requirements
GuideSouth DakotaPillar Guide14 min read

South Dakota Will Requirements

A South Dakota will needs two witnesses who sign in the testator's conscious presence, or a handwritten signature and material portions.

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