When an individual who owns property in multiple states passes away, their estate may require additional legal proceedings beyond the primary probate process in their state of residence. This secondary legal process, called ancillary probate, is used to manage and distribute property located in another state. In South Dakota, ancillary probate typically becomes necessary when a deceased person owns real estate, mineral rights, or other assets within the state but resides elsewhere. Ancillary probate ensures that out-of-state property is legally transferred according to the decedent's will or the state's intestacy laws if no will exists. The process involves filing the necessary documents, often including a certified copy of the original probate proceedings, with the local court in the South Dakota county where the property is located. By completing ancillary probate, heirs can avoid complications with title transfers or disputes over ownership.
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