Why Probate Mistakes Get Expensive FastHow one missed step compounds into extra court work, cost, and liability
This South Dakota pitfall list covers 13 common estate-settlement mistakes, including 7 high-risk and 6 medium-risk items. Start with the high-risk items before moving money, filing a petition, or relying on a shortcut procedure.
Common consequences include A sworn affidavit that states something false, A bank that freezes the account once it learns of the Department's claim, Property that has to be returned and applied to the Department's debt. That is why the page links each pitfall to practical avoidance steps and source context.
Mistake CategoriesHow the mistakes above group by risk type, with item counts
Legal Deadline
Statutory deadlines that close a route when they pass 3 items on this page relate to this category.
Fiduciary Duty
Duties and personal liability of the personal representative 1 item on this page relate to this category.
Process Choice
Choosing the wrong estate procedure or filing at the wrong time 3 items on this page relate to this category.
Property Rights
Nonprobate transfers, allowances and spousal rights 4 items on this page relate to this category.
Costs And Fees
Court fees, compensation and cost surprises 2 items on this page relate to this category.
What to Check Before You Move Estate PropertyThree quick checks: the probate path, the filing packet, and open tasks
Frequently Asked Questions
What are common probate mistakes in South Dakota?
Why do South Dakota probate cases get delayed?
How can I reduce executor mistakes in South Dakota?
Statute and Agency SourcesOfficial references used for this page
- SDCL 29A-3-1201: Collection of personal property by affidavit.
- SDCL 29A-3-817, Department of Social Services' claim for indebtedness incurred by paying for medical assistance or care. (South Dakota Legislature)
- SDCL 29A-3-1203: Succession to real property by affidavit.
- SDCL 29A-3-705: Duty of personal representative--Information to heirs and devisees.
- SDCL 29A-3-801: Notice to creditors.
- SDCL 29A-3-803: Limitations on presentation of claims.
- SDCL 29A-3-805: Classification of claims.
- SDCL 29A-2-403: Family allowance.
- SDCL 29A-6-408: Requirements.
- SDCL 29A-6-427: Recording of transfer of deceased owner's property--Affidavit of confirmation.
- SDCL 29A-6-421: Action by creditor or personal representative against beneficiary--Time limitations.
- SDCL 28-6-23: Medical assistance as debt to department--Recovery of debt.
- SDCL 29A-3-108: Probate, testacy, and appointment proceedings--Ultimate time limit.
- SDCL 29A-3-1003: Closing estates--By sworn statement of personal representative.
- SDCL 29A-3-1005: Limitations on proceedings against personal representatives.
- SDCL § 29A-3-719: Compensation of personal representative.
- SDCL § 29A-3-721: Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
- SDCL 16-2-29: Fees charged by clerk of courts--Exemptions.
- SDCL 16-2-39: Court automation surcharge--Amount in civil action--Collection.
- SDCL 14-6-1: County lawbook and law library fee.
- South Dakota Unified Judicial System, Schedule of Court Costs (Rev. July 1, 2026)
- SDCL 29A-6-104: Rights of survivorship upon death of party to joint account, P.O.D.
- SDCL 29A-2-402: Homestead allowance.
- SDCL 43-31-13: Possession and occupancy of homestead--Surviving spouse--Minor children.
Information current as of September 27, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in South Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.