reglab/housing_qa huggingface dataset:
SD Codified L § 29A-3-701 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-701 - Time of accrual of duties and powers.

29A-3-701. Time of accrual of duties and powers.The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named personal representative in a will may carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. Source: SL 1994, ch 232, §3-701.
SD Codified L § 29A-3-702 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-702 - Priority among different letters.

29A-3-702. Priority among different letters.A person to whom letters are issued first has exclusive authority under the letters until the appointment is terminated or modified. If, through error, letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment. Source: SL 1994, ch 232, §3-702.
SD Codified L § 29A-3-703 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-703 - General duties--Relation and liability to persons interested in estate--Standing to sue.

29A-3-703. General duties--Relation and liability to persons interested in estate--Standing to sue.(a) A personal representative is a fiduciary who, except as otherwise provided in the will, shall observe the standards of care in dealing with the estate assets that would be observed by a prudent person dealing with the property of another. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of the estate.(b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children, and any pretermitted child of the decedent as described elsewhere in this code.(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death. Source: SL 1994, ch 232, §3-703.
SD Codified L § 29A-3-704 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-704 - Personal representative to proceed without court order--Exception.

29A-3-704. Personal representative to proceed without court order--Exception.A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, shall do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate on its administration. Source: SL 1994, ch 232, §3-704.
SD Codified L § 29A-3-705 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-705 - Duty of personal representative--Information to heirs and devisees.

29A-3-705. Duty of personal representative--Information to heirs and devisees.(a) Not later than fourteen days after appointment, every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any unprobated will mentioned in the application for appointment of a personal representative.(b) The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information shall include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond has been filed, describe the court where papers relating to the estate are on file, and shall be accompanied by a copy of the will admitted to probate, if any. The information shall state that the estate is being administered by the personal representative under the South Dakota Probate Code without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative, to file a demand for notice under §29A-3-204, and to petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.(c) Not later than fourteen days after appointment, every personal representative, other than a special administrator, shall also give written information of the appointment to the State Department of Social Services in Pierre, South Dakota, except that such information need not include a copy of the will. The information shall include the decedent's social security number and, if available upon reasonable investigation, the decedent's deceased spouse's name and social security number. The written information required in this section may not be filed with the court and the social security numbers of the decedent and the decedent's deceased spouse are not available to the public, but the personal representative shall certify to the court that the information required in this section has been provided to the department.(d) The personal representative's failure to give the information is a breach of duty to the persons concerned but does not affect the validity of the appointment, the personal representative's powers or other duties. A personal representative may inform other persons of the appointment. Source: SL 1994, ch 232, §3-705; SL 1995, ch 167, §122; SL 1997, ch 173, §1; SL 2006, ch 153, §2.
SD Codified L § 29A-3-706 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-706 - Duty of personal representative--Inventory and appraisement.

29A-3-706. Duty of personal representative--Inventory and appraisement.Within six months after appointment, or nine months after the decedent's death, whichever is later, a personal representative, other than a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item.The personal representative shall promptly make a copy of the inventory available, by mail or delivery, to any interested person who requests it. The personal representative may also file the original of the inventory with the court. Source: SL 1994, ch 232, §3-706.
SD Codified L § 29A-3-707 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-707 - Employment of appraisers.

29A-3-707. Employment of appraisers.The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may not be readily ascertainable. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items appraised. Source: SL 1994, ch 232, §3-707.
SD Codified L § 29A-3-708 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-708 - Duty of personal representative--Supplementary inventory.

29A-3-708. Duty of personal representative--Supplementary inventory.If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any. The personal representative shall file the supplemental inventory with the court if the original inventory was filed, and shall mail or deliver a copy of the supplemental inventory to the persons sent a copy of the original inventory and to other interested persons who request it. Source: SL 1994, ch 232, §3-708.
SD Codified L § 29A-3-709 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-709 - Duty of personal representative--Possession of estate.

29A-3-709. Duty of personal representative--Possession of estate.Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine its title. Source: SL 1994, ch 232, §3-709.
SD Codified L § 29A-3-710 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-710 - Power to avoid transfers.

29A-3-710. Power to avoid transfers.The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in law void or voidable as against creditors. Subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative. Source: SL 1994, ch 232, §3-710.
SD Codified L § 29A-3-711 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-711 - Powers of personal representatives--In general.

29A-3-711. Powers of personal representatives--In general.Until termination of an appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court. Source: SL 1994, ch 232, §3-711.
SD Codified L § 29A-3-712 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-712 - Improper exercise of power--Breach of fiduciary duty.

29A-3-712. Improper exercise of power--Breach of fiduciary duty.If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty. The rights of purchasers and others dealing with a personal representative shall be determined as provided in §§29A-3-713 and 29A-3-714. Source: SL 1994, ch 232, §3-712.
SD Codified L § 29A-3-713 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-713 - Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.

29A-3-713. Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:(1)The will or a contract entered into by the decedent expressly authorized the transaction; or(2)The transaction is approved by the court after notice to interested persons. Source: SL 1994, ch 232, §3-713.
SD Codified L § 29A-3-714 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-714 - Persons dealing with personal representative--Protection.

29A-3-714. Persons dealing with personal representative--Protection.A person who in good faith either assists a personal representative or deals with a personal representative for value is protected as if the personal representative was properly authorized to act. The fact that a person deals with a personal representative with knowledge of the representative capacity does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in §29A-3-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which an alleged decedent is found to be alive. Source: SL 1994, ch 232, §3-714.
SD Codified L § 29A-3-716 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-716 - Powers and duties of successor personal representative.

29A-3-716. Powers and duties of successor personal representative.(a) Except as otherwise ordered by the court, a successor personal representative has the same powers and duties as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but the successor shall not exercise any power expressly made personal to the personal representative named in the will.(b) A successor personal representative is not individually liable for the actions or failures to act of a previous personal representative unless the successor has knowledge of a breach of fiduciary duty by the predecessor and fails to take reasonable corrective action. Source: SL 1994, ch 232, §3-716.
SD Codified L § 29A-3-717 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-717 - Co-representatives--When joint action required.

29A-3-717. Co-representatives--When joint action required.If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of a majority is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any co-representative receives and receipts for property due the estate, when the concurrence of a majority cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative if actually unaware that another has been appointed to serve or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt has been the sole personal representative. Source: SL 1994, ch 232, §3-717.
SD Codified L § 29A-3-718 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-718 - Powers of surviving personal representative.

29A-3-718. Powers of surviving personal representative.Unless the terms of the will otherwise provide, when one or more persons nominated as co-representatives fail or refuse to qualify or accept appointment as personal representative, or when the appointment of one or more co-representatives is terminated as provided in §§29A-3-609 to 29A-3-612, inclusive, the representative or representatives appointed or remaining in office shall proceed to administer the estate and may exercise all of the powers incident to the office. Source: SL 1994, ch 232, §3-718.
SD Codified L § 29A-3-719 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-719 - Compensation of personal representative.

29A-3-719. Compensation of personal representative.(a) Personal representatives, attorneys, accountants, appraisers, and other agents of the personal representative are entitled to reasonable compensation for services. Reasonable compensation may include compensation for the services of the agents or employees of the person seeking compensation and may also include reimbursement for costs advanced. A determination of reasonable compensation shall be based on the following factors:(1)The time and labor involved;(2)The novelty and difficulty of the questions involved, and the skill requisite to perform the service properly;(3)The likelihood that the acceptance of the particular employment will preclude other employment by the person;(4)The fee customarily charged in the locality for similar services;(5)The nature and value of the assets of the estate, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person;(6)The time limitations imposed by the circumstances; and(7)The experience, reputation, diligence, and ability of the person performing the services.(b) If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A renunciation of fee may be filed with the court.(c) When compensation is not provided by will, or in an intestate proceeding, the personal representative may be allowed commissions upon the amount of personal property accounted for by the personal representative, excluding personal property not ranked as assets, as follows:(1)On the first one thousand dollars at the rate of five percent;(2)On all sums in excess of one thousand dollars and not exceeding five thousand dollars at the rate of four percent;(3)On all sums in excess of five thousand dollars at the rate of two and one-half percent.Upon all real property accounted for by the personal representative, the personal representative shall receive a just and reasonable compensation for the services performed to be fixed by the court. All real estate sold by the personal representative as part of the proceedings in probate shall be considered as personal property. Source: SL 1994, ch 232, §3-719; SL 1995, ch 167, §123; SL 1996, ch 187.
SD Codified L § 29A-3-720 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-720 - Expenses in estate litigation.

29A-3-720. Expenses in estate litigation.Any personal representative or person nominated as personal representative who defends or prosecutes any proceeding in good faith, whether successful or not, is entitled to receive from the estate necessary expenses and disbursements including reasonable attorney's fees. The court may also award necessary expenses and disbursements, including reasonable attorney's fees, to any person who prosecuted or defended an action that resulted in a substantial benefit to the estate. Source: SL 1994, ch 232, §3-720.
SD Codified L § 29A-3-721 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-721 - Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

29A-3-721. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.After notice to all interested persons, on petition of an interested person or on appropriate motion if administration is supervised, the court may review the propriety of employment of any person by a personal representative including any attorney, accountant, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation of the personal representative. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds. Source: SL 1994, ch 232, §3-721.