Letters Testamentary in South Dakota

The circuit court issues letters to the personal representative after an application for informal probate and appointment or a petition in a formal proceeding. Priority goes to the person named in the will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and (45 days after death) any other qualified person. Before receiving letters, the personal representative must file an acceptance of office and any required bond; bond is generally not required unless the court finds it is in the best interests of the estate. In a probated estate, South Dakota county treasurers accept a copy of the court papers appointing the personal representative to transfer vehicle titles.

Priority for appointment as personal representative: a person named in (or nominated under) a probated will; the surviving spouse who is also a devisee; other devisees; the surviving spouse; other heirs; and, 45 days after death, any other qualified person. A person under 18, a person found unsuitable by the court in formal proceedings, or a bank or trust company not qualified to exercise trust powers in South Dakota may not serve. The statute has no residency requirement, so nonresidents may serve. Bond is generally not required unless the court finds it is in the best interests of the estate.