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Criminal Law Family Law / Divorce Real Estate Bankruptcy Probate and Trust Administration Estate Planning Social Security Disability Workers' Compensation Personal Injury and Wrongful Death Litigation Business and Corporate Law Income Tax

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605-692-6163

McCann, Ribstein & McCarty, PC
317 Sixth Avenue
PO Box 78
Brookings, SD 57006

Telephone: 605-692-6163
Fax: 605-692-9214

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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 McCann, Ribstein & McCarty 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 McCann, Ribstein & McCarty in Brookings, South Dakota.   


Proudly serving all South Dakota Counties: Aurora County, Beadle County, Bennett County, Bon Homme County, Brookings County, Brown County, Brule County, Buffalo County, Butte County, Campbell County, Charles Mix County, Clark County, Clay County, Codington County, Corson County, Custer County, Davison County, Day County, Deuel County, Dewey County, Douglas County, Edmunds County, Fall River County, Faulk County, Grant County, Gregory County, Haakon County, Hamlin County, Hand County, Hanson County, Harding County, Hughes County, Hutchinson County, Hyde County, Jackson County, Jerauld County, Jones County, Kingsbury County, Lake County, Lawrence County, Lincoln County, Lyman County, Marshall County, McCook County, McPherson County, Meade County, Mellette County, Miner County, Minnehaha County, Moody County, Pennington County, Perkins County, Potter County, Roberts County, Sanborn County, Shannon County, Spink County, Stanley County, Sully County, Todd County, Tripp County, Turner County, Union County, Walworth County, Yankton County, Ziebach County


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