Probate

Understanding Probate: A Plain-Language Guide

April 8, 2025 · 5 min read

Probate is the legal process by which a deceased person's estate is administered to pay final debts and distribute property. It applies whether or not the person left a valid will.

Not every estate must be probated. Property held in joint tenancy or that names a specific beneficiary often passes outside probate. Property owned solely by the deceased without a named beneficiary will likely require it.

The personal representative carries real responsibility: inventorying assets, notifying creditors, resolving claims, and distributing property. Mistakes can create personal liability, which is why guidance matters.

We help personal representatives handle the process efficiently and with sensitivity to the family dynamics that often accompany the loss of a loved one.

This article is for general information only and is not legal advice. For guidance on your specific situation, please request a consultation.
Back to resources

Let's talk about your case

Request a consultation and get clear, experienced guidance on your next steps. We serve clients throughout South Dakota.

CallConsultation