Estate Planning 101

How Long Does an Executor Have to Settle an Estate in South Dakota

In this article, we'll look at how long an Executor has to settle an estate in South Dakota. We'll look at the milestones and due dates, as well as factors that impact timelines and how to know when an estate is officially 'settled'.)
October 6, 2023

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The role of an executor, also known as a personal representative, is a crucial one in the probate process, which is the legal procedure of settling a deceased person's estate. In South Dakota, the process includes several stages such as validating the deceased's will, compiling an inventory of their assets, settling any outstanding debts or taxes, and finally, distributing the remaining assets among the designated beneficiaries. Given the numerous tasks involved, it's common to wonder how long an executor has to settle an estate in South Dakota. Generally, the timeline can range from several months to over a year, varying greatly based on factors such as the size and complexity of the estate, the clarity of the will, and whether the probate process is contested.

The Estate Settlement Timeline:

Settling an estate in South Dakota involves several stages, each with its own general timeline. Here, we'll break down each stage to provide a clearer understanding of how long the entire process might take:

  1. Submitting the Will: In South Dakota, the executor is required to submit the will to the probate court as soon as reasonably possible after the death of the testator (the person who made the will). While South Dakota law doesn't specify a rigid timeline for this, it's generally advisable to do this within a month to prevent unnecessary delays in the probate proceedings.
  2. Inventorying the Estate: After the will has been submitted, the executor must compile a comprehensive inventory of the deceased's assets, including real estate, personal belongings, bank accounts, investments, and any other assets of value. Depending on the size and complexity of the estate, this process can take anywhere from a few weeks to several months. In South Dakota, the executor is typically given up to 60 days from the date of their appointment to submit this inventory to the court.
  3. Communicating with Creditors: Once the inventory has been completed, the executor is then responsible for notifying all known creditors of the deceased's passing. In South Dakota, creditors are given a window of four months from the date of their notification to make claims against the estate for any debts owed.
  4. Paying Debts and Taxes: After notifying the creditors, the executor must then pay off any valid claims from the estate's assets. This also includes settling any final income taxes or estate taxes owed. This process can easily take a few months to over a year, depending on the number of claims and the state of the deceased's financial affairs.
  5. Distributing the Remaining Assets: The final step in the estate settlement process is distributing the remaining assets to the beneficiaries as specified in the will. This can only be done once all debts and taxes have been paid. If there are no disputes among the beneficiaries, this step can be completed relatively quickly, often within a few weeks.

Remember, these timelines are average estimates and can vary significantly based on individual circumstances. For instance, if a will is contested, the probate process can be delayed by months or even years. Also, if the estate is particularly large or complex, it may take longer to inventory and distribute the assets. While it's required of an executor to settle the estate as efficiently as possible, the process often calls for a considerable amount of patience and diligence.

How Do You Know When an Estate is Settled:

An estate is typically considered settled when the executor has completed several tasks: submitting the will to probate court, inventorying the estate, notifying and paying off creditors, settling any taxes owed, and distributing the remaining assets according to the will. Beneficiaries should receive a final accounting from the executor, which is a document detailing all of the financial transactions made on behalf of the estate.

In South Dakota, once this final accounting is reviewed and approved by the probate court, the executor can file a “petition for discharge”, which officially releases them from their duties. Upon approval of this petition, the estate is officially considered settled. This final confirmation ensures beneficiaries that the estate settlement process has been completed.

What to Do If You Think The Executor Is Taking Too Long:

While it's understood that settling an estate can be a lengthy process, there may be instances when an executor is not fulfilling their duties in a timely or efficient manner. If you, as a beneficiary, have concerns about this, there are steps you can take. Start by communicating your concerns with the executor – they may be able to provide a reasonable explanation for the delays. If communication doesn't resolve the issue, you are within your rights to request an accounting of the estate - a report detailing the financial actions taken by the executor on behalf of the estate.

If you're still unsatisfied after these steps, South Dakota law allows beneficiaries to petition the probate court for the removal and replacement of an executor who is not adequately performing their duties. This should be considered a last resort, as it can further complicate and delay the estate settlement process. It is always recommended to consult with an estate planning attorney before taking this action.