Why is Probate Necessary in South Dakota?

In South Dakota, the main purpose of probate is to transfer the decedent's property to his heirs and beneficiaries. If there is no property to transfer, there is usually no need for probate.

Probate is also used to (1) collect taxes resulting from the deceased's death; (2) pay any outstanding debts; and (3) set a deadline for creditors to file claims.