What is the process for determining an intestate estate?

The process for determining an intestate estate in South Dakota depends on what assets are left behind by the deceased. If the deceased had a will, then the will would guide the process. If the deceased did not have a will, then the process is determined by the South Dakota intestate succession law. The law requires that the deceased’s assets must be administered according to a specific order of priority. The first step is for the deceased’s personal representative, usually an executor, to collect all of the deceased’s assets. The next step is to identify the heirs. South Dakota law defines who is eligible to inherit intestate assets by prioritizing children; grandchildren; parents; siblings; nieces and nephews; grandparents; aunts and uncles; and then more distant relatives. Once the heirs have been identified, the deceased’s assets must be divided among them. Generally, the surviving spouse would receive the first share, followed by children and/or grandchildren. If none of these heirs exists, then the law determines the next priority. Finally, after all of the heirs have been determined, the deceased’s assets must be distributed to them in accordance with the law. The personal representative of the estate is responsible for ensuring that the deceased’s assets are distributed according to the law. This process must meet the requirements of the probate court to be considered legally valid.

Related FAQs

What is the order of priority when dividing an intestate estate?
How does intestate succession work when there are multiple children?
Are there any restrictions on who can serve as the executor of an intestate estate?
How do state laws of intestacy apply to stepchildren?
Is there a time limit for filing a claim against an intestate estate?
What happens to life insurance proceeds in an intestate succession?
Can a court order the division of an intestate estate?
Are the rules of intestate succession different for spouses of different religions?
Does an intestate estate ever go to the government?
Can a will override an intestate succession?

What is the process for determining an intestate estate?

Related FAQs

Related Blog Posts