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Probate is the legal process that you must follow to transfer or inherit property after the person who owned the property has passed away. Depending on the amount and type of property the deceased person owned, you may or may not need to go to court to transfer or inherit the property.
A will, or a last will and testament, is a legal document that describes how you would like your property and other assets to be distributed after your death.
However, it is possible to skip probate in South Dakota if the entire value of an estate is less than $50,000. In that case, the estate would pass through what's called a simplified probate process.
Probate is when the court supervises the processes that transfer legal title of property from the estate of the person who has died (the "decedent") to his or her beneficiaries.
A South Dakota will must be filed with the probate court in order to open an estate. Once the will is proven, the executor can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.
There are legal requirements which must be met for a will to be valid in South Dakota. The law requires that the maker of the will be at least 18 years old and of sound mind. The will must be written, signed, and witnessed by two or more individuals.
A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children. If you die without a will, those wishes may not be carried out.
A Will, also known as a Last Will and Testament, is a legally prepared and bound document that states your intentions for the distribution of your assets and wealth after your death. In the event you have children, a valid Will also allows you to designate who will care for them.