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Estate Administration |
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In any probate, a "Personal Representative" of the estate is appointed. It is the job of the Personal Representative to sort out any creditor claims against the decedent or the decedent's Estate; open an estate account; collect, protect and inventory the assets of the decedent; pay the debts and expenses of the Estate in accordance with state law; and ultimately make distributions to the beneficiaries. The vast majority of probates in South Dakota are "informal probate proceedings." Only rarely will one of the other two types of probate proceedings - formal testacy or supervised administration - be utilized. In circumstances where the net value of the estate is less than $50,000, a "small estate affidavit" may eliminate the need for probate proceedings entirely. In circumstances where the decedent's estate plan utilized a "living trust," or appropriately jointly titled assets, probate is usually optional and the trust administration process can be conducted without court involvement. Probate is advantageous for the reason that all heirs and creditors are provided with official notice of the proceeding. This provides a certain degree of formality and finality to the process. When probate proceedings become contested, our firm has a wealth of experience in handling the disputes that arise. Disputes can also arise in other contexts such as trust administration. The court's authority can be invoked in contested trust administration proceedings as well, when benefits can be obtained through the court's involvement. |
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Our firm's culture is a unique blend of the conservative and entrepreneurial. We pride ourselves on our professional work environment, our dedication to the highest level of performance, and our commitment to integrity in the practice of law. We recognize that long-term relationships with clients remain an important anchor in the practice of law, and our attorneys are encouraged to nurture client relationships.Contact us
Gunderson, PalmerNelson & Ashmore , LLP
440 Mt. Rushmore Road
Rapid City, SD 57701
P: 605.342.1078
F: 605.342-9503
E: Click here to email us
This web site is designed for general information only. The information presented at this site should not be construed
to be formal legal advice nor the formation of a lawyer/client relationship.
Phone ( 605) 342-1078 . Fax (605) 342-9503 . Gunderson, Palmer, Nelson, & Ashmore, LLP
440 Mt. Rushmore Road . Rapid City, SD 57701
Phone ( 605) 342-1078 . Fax (605) 342-9503 . Gunderson, Palmer, Nelson, & Ashmore, LLP
440 Mt. Rushmore Road . Rapid City, SD 57701
Attorneys licensed to practice in South Dakota, North Dakota, Nebraska, Wyoming, Minnesota, Montana, Colorado,
as well as Rosebud Sioux, Oglala Sioux, Lower Brule Sioux & Cheyenne River Sioux Tribal Courts.
as well as Rosebud Sioux, Oglala Sioux, Lower Brule Sioux & Cheyenne River Sioux Tribal Courts.