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Best Probate Lawyers in Sioux Falls

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Craig Law Office logo
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Craig Law Office

3500 South Phillips Avenue, Sioux Falls, SD 57105
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  • Trusts
  • Wills
  • Probate Litigation

Business Description

Craig Law Office is based in Sioux Falls, where it provides one-on-one counsel to people with legal needs related to probate and estate administration. Jim Craig is the office's sole attorney and has been practicing law since 1977. He has experience handling cases in which a loved one passed away without producing a will or trust. To help clients prepare for the future, Mr. Craig drafts advanced medical directives, charitable trusts, and business succession plans.

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5.0
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Davenport Evans logo
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Davenport Evans

206 West 14th Street, Sioux Falls, SD 57104
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  • Estate Planning
  • Estate Taxes
  • Trust Administration

Business Description

Davenport Evans is a midsized brokerage that has handled estate planning matters since 1939. The firm's probate attorneys in Sioux Falls provide legal services in practice areas associated with elder and probate law. The lawyers work with financial planners, families, and individual clients to address wills and powers of attorney. Davenport Evans helps families plan for tax payments and business succession. Leading probate lawyer P. Daniel Donohue is a member of the American College of Trust and Estate Counsel.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.6 / 5 (27)
Facebook
3.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Harris Law & Co. logo
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Harris Law & Co.

5019 S Bur Oak Pl, Sioux Falls, SD 57108
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  • Estate Planning

Business Description

Harris Law & Co. is a woman-owned law firm headquartered in Sioux Falls. The estate and succession planning lawyers have extensive legal backgrounds handling probate, wills, and trust administration. They conduct initial meetings and assist clients in the probate process and with estate tax returns and family meetings. They also offer out-of-state probate administration. They extend their services to business planning and succession, which covers entity selection and buy-sell agreements. Their other areas of expertise are in family law and elder law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.8
Google
4.0 / 5 (20)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Kading, Kunstle & Goodhope, LLP Attorneys At Law logo
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Kading, Kunstle & Goodhope, LLP Attorneys At Law

7400 S. Bitterroot Place, Suite 100, Sioux Falls, SD 57108
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  • Wills

Business Description

Kading, Kunstle & Goodhope, LLP Attorneys At Law is a legal firm serving Sioux Falls and its surrounding areas. It aids clients with reviewing estate plans and preparing wills and trust documents. Its team also assists with the proper administration and transfer of clients' assets during their lifetime or after their passing. The firm focuses on other various practice areas, including family, real estate, and business law. One of its attorneys, William Kunstle, is a member of the American Board of Trial Advocates.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Larry Dean Nelson Attorney at Law logo
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Larry Dean Nelson Attorney at Law

4009 West 49th Street Suite 308A, Sioux Falls, SD 57106
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  • Trusts
  • Wills
  • Estate Planning
  • Probate

Business Description

Larry Dean Nelson, Attorney at Law serves the Sioux Falls metro. He assists clients with probate procedures so that survivors of the deceased are able to receive estate assets after taxes and debts to creditors are paid. He also assists with the liquidation and distribution of estate assets. His other services include incorporations or LLCs and chapters 7, 11, 12, and 13 bankruptcy. Larry Dean Nelson, Attorney at Law was the chapter 12 administrator of Yarnall.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Legacy Law Firm, P.C. logo
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Legacy Law Firm, P.C.

7404 Bitterroot Place, Sioux Falls, SD 57108
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  • Trusts
  • Wills
  • Estate Planning
  • Inheritance Taxes
  • Estate Taxes
  • Trust Administration
  • Estate Settlement

Business Description

Legacy Law Firm PC is a brokerage that dedicates its entire practice to estate planning and related areas of law. To ensure the decedent's debts and taxes are paid, the probate lawyers in Sioux Falls file tax returns and obtain closing letters from taxing authorities. The probate process may involve processing life insurance benefits, securing tangible personal property, and filing documents with the court. Legacy Law Firm also administers trusts.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (27)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Myers Billion, LLP logo
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Myers Billion, LLP

230 South Phillips Avenue, Sioux Falls, SD 57104
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  • Trusts
  • Wills
  • Estate Planning
  • Trust Administration

Business Description

The lawyers of Myers Billion LLP offer a number of estate planning and probate services. Based in Sioux Falls, the firm addresses everything from trust administration to charitable planning. Myers Billion assists clients by drafting powers of attorney, wills, living wills, and trusts. The firm also provides estate litigation and will contest services. Founding attorney James Myers has served on the board of directors for the Real Property, Probate, and Trust Section of the South Dakota State Bar.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
4.5 / 5 (182)
Yelp
1.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Nicholson Law logo
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Nicholson Law

4201 S. Minnesota Ave Suite 113, Sioux Falls, SD 57105
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  • Wills
  • Estate Planning
  • Probate

Business Description

Nicholson Law has been providing legal services to clients in Sioux Falls and the nearby areas for nearly 30 years. It focuses on probate cases and guardianships as well as estate planning and wills. Its team of attorneys also assists with cases involving family law, including prenuptial agreements and divorce, business law, construction law, and real estate. Firm founder Thomas J. Nicholson has been in private practice since 1979 and is a member of the American Board of Trial Advocates.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.6 / 5 (11)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Northern Plains Justice logo
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Northern Plains Justice

4301 W 57th St., Suite 121, Sioux Falls, SD 57108
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  • Trusts
  • Wills

Business Description

Northern Plains Justice is a law office in Sioux Falls that represents clients in various cases, such as accidents, personal injury, insurance bad faith, and business litigation. It also provides legal assistance in will contests and estate litigation cases, including improperly executed will or trust, forged documents, and breach of fiduciary duty. Bill Sims and Jeff Cole founded the firm. Both lawyers are members of the American Association for Justice, the South Dakota Trial Lawyers Association, and the South Dakota Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (11)
Facebook
5.0 / 5 (1)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Detail
Peterson Law Office, P.C. logo
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Peterson Law Office, P.C.

6201 E. Silver Maple Circle, Sioux Falls, SD 57110
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  • Wills
  • Estate Planning

Business Description

Peterson Law Office, P.C., caters to people in Sioux Falls and the surrounding areas. It offers services such as probate assistance, estate planning, and will preparation. In addition to addressing probate concerns, John Peterson represents clients in estate and civil litigation, real estate transactions, and domestic relations dispute resolution. He has been in the law industry for over 30 years and is associated with the South Dakota Trial Lawyer's Association and the Second Circuit Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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––
Redstone Law Firm LLP logo
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Redstone Law Firm LLP

1300 W. 57th Street Suite 101, Sioux Falls, SD 57108
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Business Description

Redstone Law Firm LLP provides legal services to the residents of Sioux Falls. It helps heirs and beneficiaries navigate the probate process to rightfully claim any assets left behind by deceased individuals as per wills and trusts. The firm handles probate-related tasks such as conducting inventory filing, responding to creditor claims, and managing the final distribution of assets. Redstone's lawyers have over 80 years of combined experience in multiple practice areas, like estate planning and business law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.8
Google
3.8 / 5 (30)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Ronke Law logo
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Ronke Law

3130 West 57th Street, Sioux Falls, SD 57108
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  • Trusts
  • Wills
  • Estate Planning
  • Living Trust
  • Trust Administration

Business Description

Ronke Law is a firm that provides legal services to the community in Sioux Falls and nearby areas. Its sole practitioner is Eric J. Ronke, who earned his law degree at the University of South Dakota School of Law. The firm focuses on probate law and helps in the creation of wills or trusts, ensuring that its clients' assets are transferred to their specified beneficiaries. Ronke Law also offers legal counsel for cases involving bankruptcy, business planning, and estate planning.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (46)
Avvo
5.0 / 5 (12)
Facebook
4.9 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Detail
––
Thompson Law, PLLC logo
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Thompson Law, PLLC

5027 South Western Avenue, Sioux Falls, SD 57108
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  • Estate Planning
  • Trust Administration

Business Description

Thompson Law PLLC dedicates most of its practice to estate planning. The attorneys assist residents of the Sioux Falls community with the probate and trust administration process. Thompson Law has represented hundreds of executors and trustees during the course of fulfilling their fiduciary duties. The legal team is well-versed in the state and federal requirements surrounding a transfer of assets. Attorneys formally transfer names on titles and file tax returns on the estate's behalf.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.3 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Weerheim Law logo
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Weerheim Law

300 N Dakota Ave,, Sioux Falls, SD 57104
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  • Estate Planning

Business Description

Weerheim Law offers legal solutions to individuals, families, and businesses in Sioux Falls. The law firm represents clients in state and federal courts for matters involving estate planning, probate, and contract law. Principal attorney Tom Weerheim develops legal strategies to litigate estate disputes and protect the rights of clients. He established the firm in 2009 and previously worked as corporate counsel of First Dakota Title. He is also a board member of the Center of Hope.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)
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Frequently Asked Questions

What does a probate attorney do?

Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

What is probate court?

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

How long do you have to file probate after death?

The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

Does life insurance go through probate?

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

Do household items go through probate?

While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

Do bank accounts with beneficiaries have to go through probate?

In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

What happens if no probate is filed?

Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

What is probate real estate?

Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

Can I probate a will or estate without an attorney?

It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

How many years can an estate remain in probate?

If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

When is a will's probate an automatic process?

Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

What does it mean when property is under probate?

Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.

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