The Will After A Death
SDCL § 29A-3-108 — probate within three years of the death, and creditors' claims barred three years after it
Three years. No probate or appointment proceeding may be started more than three years after the death, apart from narrow exceptions. A contest to an informally probated will may be brought within the later of twelve months from the informal probate or three years from the death.
Claims against the estate that arose before the death are barred unless presented within the time in a published or written notice to creditors, and in any case within three years after the death.
Liens and insured claims are outside that bar. A particular estate is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 29A-3-108 — Probate, testacy, and appointment proceedings; Ultimate time limit
- SDCL § 29A-3-803 — Limitations on presentation of claims
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.