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Out-of-State Personal Representative

Legal Advice for Out-of-State Executors and Administrators

It is quite common for the personal representative of a South Dakota estate to live in another state. At the Helsper, McCarty, and Rasmussen Law Firm, we offer comprehensive client services for out-of-state personal representatives on terms that will minimize the need for you to return to the state.

Whether you are appointed to serve as the personal representative under the terms of a Will or by appointment in an intestate case, we can give you the guidance you need to avoid mistakes, keep the case on track, and avoid liability. Our attorneys are highly sensitive to the importance of finding the right balance between keeping our clients fully informed while relieving them of the details and burdens of estate administration.

Our lawyers can advise and represent out-of-state personal representatives on the full range of estate administration questions and responsibilities, including:

  • Funeral or burial questions
  • Probate of the Will
  • Qualification to administer an intestate estate
  • Notice to heirs, beneficiaries or creditors
  • Identification, assembly and valuation of estate assets
  • Estate reports and accountings
  • Estate tax returns
  • Evaluation, negotiation, payment or defense of creditor claims
  • Sale of estate assets
  • Final accounting and distribution of assets to heirs and beneficiaries

Personal representatives from out of state are held to the same standards of fiduciary responsibilities that local personal representatives must satisfy. They are also subject to the same risks of probate litigation when disputes over the details of estate administration cannot be resolved quickly and efficiently. Our counsel can help protect you from the risks of breach of fiduciary duty while avoiding unnecessary litigation in probate court.

To learn more about the scope of our law firm's service on behalf of executors and administrators who reside in other states, contact Helsper, McCarty, and Rasmussen Law Firm in Brookings, South Dakota.