Probate Examiner Email Parameters

Suitable for Email

You may email the probate examiner to: 

1. Request a continuance (see rules below)
2. Request to reset a matter previously taken off calendar (see rules below)
3. Ask a question about specific defects or issues, such as typos in the Probate Notes

Emails must be submitted four court days before the hearing to be considered.  

Continuance Requests

Only the petitioner or their attorney may make the request. The request must be unopposed and not excluded under SDLR 4.4.3.D. If the matter is continued, the moving party must give notice of the new date to all entitled parties in the same manner required for the initial hearing. 

Note: Continuance requests for motions and contested matters must be made at the hearing or submitted to the courtroom with written agreement of all parties (SDLR 4.4.3.F).

Resetting Matters

Requests must be filed in writing and must show that all defects, other than notice, have been cleared. Written requests cannot be submitted by email. They must be filed within three months of the last hearing, or the petition will be deemed dismissed. After the request has been filed, you may email the examiner to ask that the matter be placed back on calendar. (SDLR 4.4.4.B)

Not Suitable for Email

Procedural questions: Contact the Probate Business Office for information about filings, timelines, or other procedural matters.

Legal advice or unfiled documents: Probate Examiners cannot provide legal advice, assist with legal research, or advise how to proceed. They also cannot answer questions about documents or petitions that have not been filed. Emails may only be used to clarify information already in the Probate Notes. Emails cannot be used a substitute for filing supplements or other documents. 

Notifying of filed documents: Do not email regarding documents filed in response to probate notes or to ask when notes will be updated. Notes are updated in the order filings are received and finalized at least four court days before the hearing. Filings considered “late” under SDLR 4.3.3.E will not be reviewed.

Motions: Probate Examiners do not review motions, and Probate Notes will not be posted. Tentative rulings can be found here. All other questions about motions should be directed to the courtroom. Contact information for each courtroom is available here.

Email attachments are not allowed. 

Required Information