Probate

Probate Lawyers in Rapid City

If you’re researching probate and seeking assistance through the process, you are likely going through an incredibly difficult time. Handling the death of a loved one is challenging enough without going through a complex legal procedure. But probate does not have to be as much of a hassle as many would believe. With the support of a skilled and compassionate legal professional, this process can be efficient, fair, and painless.

Our probate lawyers at Monument Law have decades of experience advancing the best interests of our clients in Rapid City. Whether you simply need assistance with the probate administration process, or you need to contest a fraudulent or invalid will, we are here to represent you with both empathy and commitment to securing a favorable outcome on your behalf.

For more information about how we can help you during probate, call our firm at (605) 250-2006 today.

Probate in South Dakota

Probate is the process by which a court assesses and distributes the estate of a decedent (i.e. deceased person). As in most states, probate in South Dakota is simpler and easier if the decedent created a valid will. This is called testate probate. The will should designate an executor, the person who manages the probate process.

In intestate probate, the decedent never created a will, and the court must use the South Dakota Uniform Probate Code to appoint a personal representative/administrator (usually the spouse) to manage the asset-distribution process. The court, however, decides which relatives receive portions of the estate.

In either case, the court will collect and distribute the following from the estate:

  • Outstanding debt
  • State/federal taxes
  • Income taxes
  • Administrative costs
  • Court and attorney fees

If all goes well, the executor or personal representative distributes the estate and carries out the decedent’s final wishes in a quick and efficient manner.

What Does a Probate Attorney Do?

As probate attorneys, we can help the executor or personal representative handle all aspects of the probate process to ensure they fulfill their fiduciary duty. We can also review the will to ensure the decedent did not draft or sign it under duress or undue influence (i.e. pressure from a person who wants the estate).

Here are just a few of the services our probate attorneys may provide:

  • Evaluating or contesting the will
  • Locating/securing the decedent’s estate
  • Arranging a property appraisal
  • Managing life insurance benefits
  • Providing financial guidance regarding bills or debts

No matter the unique circumstances of your case, we can handle legal obstacles on your behalf and provide the peace of mind you deserve during this challenging time.

Get in Touch with Our Team Today

Generally, a probate court will try to complete the process as quickly as possible. Attaining our support as soon as possible, therefore, is vital for your success. We will protect your rights, help you fulfill your duty as an administrator or executor, and, ultimately, honor the final wishes of the person you lost.

For a consultation, get in touch with our dedicated team of probate attorneys at (605) 250-2006 today.

Why Monument Law?

What Makes Us Different
  • Family-Oriented & Compassionate Firm Culture
  • After-Hours Availability & Same-Day Appointments
  • Free 15-Minute Consultations
  • 20+ Years of Legal Experience