Heir Claims in South Dakota: How to Claim Unclaimed Assets for a Deceased Relative

When someone dies in South Dakota, they may leave behind unclaimed property such as forgotten bank accounts, insurance payouts, stocks, or utility deposits. If these assets are not claimed for a certain period, they are usually turned over to the State of South Dakota’s unclaimed property program for safekeeping.

This guide explains how heir claims usually work in South Dakota, what documents you may need, and how to move forward through official state channels. HowToGetAssistance.org is an informational resource only and is not a government office, claims processor, or application portal.

Understanding Unclaimed Property in South Dakota

Unclaimed property typically refers to money or financial assets that have had no activity or contact with the owner for a specific time. In South Dakota, this often includes:

• Bank and credit union accounts
• Uncashed checks (payroll, refunds, dividends)
• Life insurance proceeds and annuities
• Utility deposits and refunds
• Safe deposit box contents
• Stocks, bonds, and mutual funds
• Certain rebates, escrow accounts, or trust distributions

These assets are not seized by the state. Instead, the state acts as a custodian until the rightful owner—or their heirs—comes forward to claim them.

When the original owner has died, the claim is usually handled as an heir claim or estate claim.

Who Can Claim Unclaimed Property for a Deceased Person?

Exact rules can vary depending on the situation, but in South Dakota typical eligible claimants include:

• A court-appointed personal representative (executor or administrator) of the estate
• A surviving spouse
• Children or other next of kin (heirs at law) if there is no active estate
• A trustee if the asset belonged to a trust
• An attorney-in-fact or other legal representative, if authorized

For a deceased relative, the state will usually ask for proof of:

1. The original owner’s identity
2. The original owner’s death
3. Your legal right to inherit or represent the estate

If there is a formal probate estate open in a South Dakota court, the personal representative typically has first authority to claim assets on behalf of the estate. If the estate is closed or was never opened, heirs may be allowed to claim directly, but will usually need more documentation.

Step-by-Step: How Heir Claims Typically Work in South Dakota

The specific online forms and mailing address can change over time, so it’s important to verify current instructions through the official South Dakota unclaimed property office (usually part of the State Treasurer or a similar state agency).

1. Search for the Deceased Relative’s Name

You can usually start by using South Dakota’s official unclaimed property search tool:

• Search by the decedent’s full legal name
• Try maiden names or previous names if applicable
• Try common misspellings
• Check old addresses where they may have lived or worked

If a match appears, you can usually click or select it to start an online claim, or note the property ID or reference number for use on a paper form.

If you are not comfortable searching online, you can usually:

• Call the state unclaimed property office
• Ask if they can help search for the decedent’s name
• Request that they mail or email you claim forms and instructions

2. Confirm You Are an Eligible Heir or Representative

Before investing time gathering documents, make sure you are likely to be recognized as a valid claimant. You may need to identify whether:

• There is an open probate estate in South Dakota or another state
• The deceased had a will
• You are listed as a beneficiary or are an heir at law (for example, spouse or child)

If you are unsure, you may want to:

• Contact the county clerk of courts where the decedent lived to see if an estate was opened
• Speak with a probate attorney for guidance specific to your situation (this guide does not provide legal advice)

3. Start the Claim (Online or by Mail)

In South Dakota, you can typically file an heir claim in one of two ways:

• Online claim through the official state unclaimed property website
• Paper claim form submitted by mail (sometimes required for complex or estate/heir claims)

When starting the claim, you’ll usually be asked to provide:

• Your name and contact information
• The decedent’s name and date of death
• The property ID or other claim number
• A description of your relationship to the deceased

The official portal or office will explain whether your situation is treated as:

• An Estate claim (for a personal representative)
• An Heir claim (for an individual inheriting directly)

Documents Commonly Required for an Heir Claim in South Dakota

The exact documentation depends on the type of claim and the size of the asset. However, the following are commonly requested:

Identity and Relationship

• Your government-issued photo ID (driver’s license, state ID, or passport)
• Proof of your Social Security number (if requested by the state)
• Marriage certificate (for a surviving spouse)
• Birth certificate (for children or parents claiming)

For the Deceased Person

• Death certificate (certified copy is usually required)
• Last known address information
• Any known account statements, policy numbers, or old correspondence related to the asset

Estate / Probate Documentation

If the estate went through probate:

• Letters Testamentary or Letters of Administration naming the personal representative
• A copy of the will (if relevant and requested)
• Court orders related to distribution of assets

If there was no probate or the estate is closed:

• An Affidavit of Heirship or similar document (often notarized)
• Small estate affidavit, if allowed and applicable under South Dakota law
• Evidence of the family tree or next-of-kin relationships

Quick Reference: Common Documents vs. When They’re Needed

The state may ask for additional documents if there is any question about ownership, identity, or who has legal authority.

What Happens After You File Your Heir Claim?

Once you submit your heir claim to South Dakota’s official unclaimed property office:

1. Acknowledgment

   • If submitted online, you may receive a confirmation number or email.
   • For mailed forms, you may not receive confirmation until the claim is entered into their system.

2. Review and Verification

   • Staff will usually verify the decedent’s identity and ownership of the property.
   • They will compare your paperwork to state heirship and probate rules.
   • They may contact you if they need additional documentation or clarification.

3. Decision

   • If approved, the state will usually issue a check made out to:
     • The estate (if the claimant is the personal representative), or
     • The individual heir (for heir claims handled directly), depending on how the claim was filed.
   • If denied or partially approved, the office typically provides a reason and may explain what else is needed.

4. Timeframe

   • Processing times vary. Simple claims with complete documentation may be resolved in a few weeks.
   • Estate or complex heir claims can take longer, especially if additional legal verification is needed.

For the most accurate timeframe, contact the South Dakota unclaimed property office directly and ask about current processing times for heir claims.

Common Reasons Heir Claims Are Delayed or Denied

Many delays can be avoided by carefully following the official instructions and submitting all requested documents. Some common issues include:

• Incomplete forms

  • Missing signatures, unanswered questions, or failed identity verification.

• Missing or unclear proof of relationship

  • Not providing marriage or birth certificates when requested.
  • Not submitting an Affidavit of Heirship when there is no probate.

• No proof of legal authority

  • A person tries to claim estate property without being a court-appointed personal representative, when such appointment is required.

• Name mismatches

  • Different spellings, nicknames, or name changes not documented (for example, due to marriage or divorce).

• Outdated contact information

  • Not updating your mailing address or phone number, causing communication problems.

If your claim is delayed, you can usually call or write to the state unclaimed property office and ask what is needed to move things forward.

Can You Appeal or Dispute a Denied Heir Claim?

South Dakota’s unclaimed property program usually has internal review processes if:

• Your claim was denied, and you believe you provided sufficient documentation.
• You disagree with the state’s decision about who is entitled to the property.

Options often include:

• Submitting additional documents in response to a written denial or request
• Requesting a supervisor review within the unclaimed property office
• Pursuing legal remedies through the court system, often with the help of an attorney

Procedures vary, so you may want to:

• Review any written notice of denial carefully
• Call the official unclaimed property office and ask what steps are available
• Consult a South Dakota attorney familiar with probate or estate law if the amount is substantial or the dispute is complicated

Special Situations: Multiple Heirs, Out-of-State Heirs, and Small Estates

Multiple Heirs

When there are several heirs (for example, multiple children):

• The state may require signatures or documentation from each heir
• The claim may need to go through the personal representative of the estate, if there is one
• Heirs may be asked to sign releases or agreements acknowledging their share

If you and other family members disagree about distribution, the unclaimed property office cannot usually resolve those disputes. They may direct you to work it out through probate court or with legal counsel.

Heirs Living Outside South Dakota

If you live in another state (or even another country) but your deceased relative had property in South Dakota:

• You can typically still file an heir claim
• You may need to notarize some forms in your local area
• Original or certified copies of documents might have to be mailed to the South Dakota office

Always verify document requirements directly with the official office, especially for international notarizations or translations.

Small Estates

For small amounts of money, South Dakota may allow:

• Simplified affidavits or small estate procedures instead of full probate
• Fewer documents, especially if the total property value is below a certain threshold

The threshold and rules can change, so it’s important to check with:

• The South Dakota unclaimed property program, and
• If needed, the county probate court where the deceased lived

How to Find the Correct Official Office or Portal

To ensure you are using the official South Dakota channels for heir claims:

• Look for the State Treasurer’s Office or similar state-level financial office
• Confirm you are on a “.gov” website for South Dakota when searching online
• Use contact information listed as part of the state government (for example, an address in the state capitol or a recognized state bureau)

If you are unsure:

• Call the main switchboard for South Dakota state government and ask to be connected to the unclaimed property division
• Ask a local county clerk or treasurer for the correct state contact information

You can also dial 211 in many areas to ask for help locating the official unclaimed property office for South Dakota.

Protecting Yourself from Scams

Unclaimed property programs are a frequent target for scams, especially around heir claims. To protect yourself:

Red flags to watch for:

• Someone contacts you out of the blue demanding upfront fees to “release” your inheritance
• Pressure to sign documents you do not understand
• Emails or letters that do not clearly identify a state government agency
• Requests for your full Social Security number, bank account, or other sensitive data on unofficial websites

Ways to verify you’re on an official channel:

• Confirm the website address ends in “.gov” and clearly says State of South Dakota
• Cross-check phone numbers or addresses with contact details listed by South Dakota state government
• Hang up and call back using a number you find from a trusted source, such as printed state materials or the general state government line
• Ask the caller or sender to provide the official office name and then verify it independently

Some legitimate “finder” or “locator” services exist that, for a fee, help track down unclaimed assets. However, you are not required to use them. Most people can file unclaimed property and heir claims directly with the state at no cost, other than potential notary or mailing fees.

If the Deceased Has Unclaimed Property in Other States

People often live, work, or hold financial accounts in more than one state. If your deceased relative had connections outside South Dakota, you may want to:

• Search the unclaimed property databases for other states where they:
  • Lived or owned a home
  • Worked for an employer
  • Had bank accounts or insurance policies

Each state has its own claim process, forms, and documentation requirements, but many of the same principles apply:

• Proof of death
• Proof of relationship or legal authority
• Identity verification for the claimant

You will generally need to file separate claims with each state where property is held.

When to Consider Getting Legal Help

While many heir claims are handled successfully without lawyers, you may want legal advice if:

• The unclaimed property is high in value
• There is a dispute among family members about who should receive the funds
• The deceased had complex assets, such as multiple trusts or businesses
• You are dealing with multi-state estates or international heirs
• Your claim has been denied and you believe the decision is incorrect

In those cases, a South Dakota attorney experienced in probate or estate law can explain your rights and help you decide on next steps. The unclaimed property office itself usually cannot give legal advice.

By understanding how heir claims work in South Dakota—who can claim, which documents are needed, and how to use the official state unclaimed property program—you can better navigate the process of recovering assets left behind by a deceased relative. For the most accurate and current instructions, always rely on the official South Dakota unclaimed property office and related state or county agencies.