reglab/housing_qa huggingface dataset:
SD Codified L § 29A-3-305 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-305 - Informal probate--Clerk not satisfied.

29A-3-305. Informal probate--Clerk not satisfied.The clerk of court may decline an application for informal probate if not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of §29A-3-303 or for any other reason. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings. Source: SL 1994, ch 232, §3-305; SL 1995, ch 167, §106.
SD Codified L § 29A-3-306 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-306 - Informal probate--Notice requirements.

29A-3-306. Informal probate--Notice requirements.(a) The applicant shall give notice as described by §29A-1-401 of the application for informal probate to any person demanding it pursuant to §29A-3-204, and to any personal representative of the decedent whose appointment has not been terminated. No other notice of informal probate is required.(b) Upon issuance of a statement of informal probate and if no personal representative required to give the written information required by §29A-3-705 has been appointed, the applicant shall within fourteen days give written information to the heirs and devisees of the admission of the will to probate, together with a copy of the will. The information shall include the name and address of the applicant, the name and location of the court granting the informal probate, and the date of the probate. The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the applicant. An applicant's failure to give information as required by this section is a breach of duty to the heirs and devisees but does not affect the validity of the probate. Source: SL 1994, ch 232, §3-306.
SD Codified L § 29A-3-307 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-307 - Informal appointment proceedings--Delay in order--Duty of Clerk--Effect of appointment.

29A-3-307. Informal appointment proceedings--Delay in order--Duty of Clerk--Effect of appointment.(a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in §29A-3-614, if at least one hundred twenty hours have elapsed since the decedent's death, the clerk, after making the findings required by §29A-3-308, shall appoint the applicant subject to qualification and acceptance; provided, that if the decedent was a nonresident, the clerk shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that the estate be subject to the laws of this state.(b) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in §§29A-3-608 to 29A-3-612, inclusive, but may not be vacated retroactively. Source: SL 1994, ch 232, §3-307; SL 1995, ch 167, §107.
SD Codified L § 29A-3-308 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-308 - Informal appointment proceedings--Proof and findings required.

29A-3-308. Informal appointment proceedings--Proof and findings required.(a) In informal appointment proceedings, the clerk shall determine whether:(1)The application for informal appointment of a personal representative is complete;(2)The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;(3)The applicant appears from the application to be an interested person as defined in §29A-1-201(23);(4)On the basis of the statements in the application, venue is proper;(5)Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;(6)Any notice required by §29A-3-310 has been given;(7)From the statements in the application, the person whose appointment is sought has priority for appointment.(b) Unless §29A-3-612 controls, the application shall be denied if it indicates any of the following:(1)A personal representative who has not filed a written statement of resignation as provided in §29A-3-610(c) has been appointed in this or another county of this state;(2)The decedent was not domiciled in this state, a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, and the applicant is not the domiciliary representative or the representative's nominee;(3)The other requirements of this section have not been met. Source: SL 1994, ch 232, §3-308; SL 1995, ch 167, §108.
SD Codified L § 29A-3-309 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-309 - Informal appointment proceedings--Clerk not satisfied.

29A-3-309. Informal appointment proceedings--Clerk not satisfied.The clerk may decline an application for informal appointment if not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of §§29A-3-307 and 29A-3-308 or for any other reason. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings. Source: SL 1994, ch 232, §3-309; SL 1995, ch 167, §109.
SD Codified L § 29A-3-310 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-310 - Informal appointment proceedings--Notice requirements.

29A-3-310. Informal appointment proceedings--Notice requirements.The applicant shall give notice as described by §29A-1-401 of an intention to seek an appointment informally: (1) to any person demanding it pursuant to §29A-3-204; and (2) to any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required. Source: SL 1994, ch 232, §3-310.
SD Codified L § 29A-3-311 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-311 - Informal appointment unavailable in certain cases.

29A-3-311. Informal appointment unavailable in certain cases.The clerk shall decline an application for informal appointment if the application indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court. Source: SL 1994, ch 232, §3-311; SL 1995, ch 167, §110.
SD Codified L § 29A-3-401 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-401 - Formal testacy proceedings--Nature--When commenced.

29A-3-401. Formal testacy proceedings--Nature--When commenced.(a) A formal testacy proceeding is a proceeding conducted before the court to establish a will or determine intestacy. A formal testacy proceeding may be commenced by an interested person filing a petition as described in §29A-3-402 requesting that the court, after notice and hearing, enter an order probating a will, an order setting aside an informal probate of a will, an order preventing informal probate of a will which is the subject of a pending application, or an order that the decedent died intestate.(b) A petition may request formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.(c) During the pendency of a formal testacy proceeding, the clerk shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative.(d) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal testacy proceeding, shall refrain from exercising the power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who requests the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution. Source: SL 1994, ch 232, §3-401; SL 1995, ch 167, §111.
SD Codified L § 29A-3-402 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-402 - Formal testacy or appointment proceedings--Petition; contents.

29A-3-402. Formal testacy or appointment proceedings--Petition; contents.(a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, shall be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section.(b) A petition for formal probate of a will shall:(1)Request an order determining the heirs and the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated;(2)Contain the statements required for informal applications as stated in the six paragraphs under subsection 29A-3-301(a)(1), the statements required by paragraphs (ii) and (iii) of subsection 29A-3-301(a)(2); and(3)State whether the original of the last will of the decedent is in the possession of the court or accompanies the petition.(c) If the original will is neither in the possession of the court nor accompanies the petition and no certified copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will, and indicate that it is lost, destroyed, or otherwise unavailable.(d) If the original will, or certified copy of the will as probated in another jurisdiction, is not available, the contents of the will can be proved by a copy of the will and the testimony or affidavit of at least one credible witness that the copy is a true copy of the original, and the will may be admitted to probate if the court is reasonably satisfied that the will was not revoked by the testator. If a copy of the will is not available, the contents of the will can be proved only by clear and convincing proof, and the court shall enter an order setting forth the contents and the names of the witnesses.(e) A petition for adjudication of intestacy and appointment of a personal representative in intestacy shall request a judicial finding and order determining the heirs and that the decedent left no valid will, and shall contain the statements required by subsections 29A-3-301(a)(1) and (a)(4) and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of a personal representative, in which case, the statements required by paragraph (ii) of subsection 29A-3-301(a)(4) above may be omitted. Source: SL 1994, ch 232, §3-402; SL 1995, ch 167, §112; SL 2002, ch 138, §3.
SD Codified L § 29A-3-403 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-403 - Formal testacy proceedings--Notice of hearing on petition.

29A-3-403. Formal testacy proceedings--Notice of hearing on petition.(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given by the petitioner in the manner prescribed by §29A-1-401 to the persons specified in this section and to any additional person who has filed a demand for notice under §29A-3-204.(b) Notice shall be given to the following persons: the heirs, devisees, and personal representatives named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all persons who have any interest in the matters being litigated who are either unknown or whose addresses are unknown.(c) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on said petition shall be sent by registered or certified mail to the alleged decedent at the alleged decedent's last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration. Source: SL 1994, ch 232, §3-403; SL 1995, ch 167, §113.
SD Codified L § 29A-3-404 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-404 - Formal testacy proceedings--Written objections to probate.

29A-3-404. Formal testacy proceedings--Written objections to probate.Any party to a formal proceeding who opposes the probate of a will for any reason shall state in the pleadings his or her objections to the probate. Source: SL 1994, ch 232, §3-404.
SD Codified L § 29A-3-405 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-405 - Formal testacy proceedings--Uncontested cases--Hearings and proof.

29A-3-405. Formal testacy proceedings--Uncontested cases--Hearings and proof.If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of §29A-3-409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument, including an affidavit of self-proof executed in compliance with §29A-2-504, is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit. Source: SL 1994, ch 232, §3-405; SL 1995, ch 167, §114.
SD Codified L § 29A-3-406 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-406 - Formal testacy proceedings--Contested cases--Testimony of attesting witnesses.

29A-3-406. Formal testacy proceedings--Contested cases--Testimony of attesting witnesses.(a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.(b) If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit. Source: SL 1994, ch 232, §3-406.
SD Codified L § 29A-3-407 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-407 - Formal testacy proceedings--Burdens in contested cases.

29A-3-407. Formal testacy proceedings--Burdens in contested cases.In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate. If a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate. Source: SL 1994, ch 232, §3-407.
SD Codified L § 29A-3-408 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-408 - Formal testacy proceedings--Will construction--Effect of final order in another jurisdiction.

29A-3-408. Formal testacy proceedings--Will construction--Effect of final order in another jurisdiction.A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons shall be accepted as determinative by the courts of this state if it includes, or is based upon, a finding that the decedent was domiciled at death in the state where the order was made. Source: SL 1994, ch 232, §3-408.
SD Codified L § 29A-3-409 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-409 - Formal testacy proceedings--Order--Foreign will.

29A-3-409. Formal testacy proceedings--Order--Foreign will.After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by §29A-3-108, it shall determine the decedent's domicile at death, the decedent's heirs, and the decedent's testacy status. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by §29A-3-612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a foreign jurisdiction which does not provide for probate of a will after death, may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of that jurisdiction. Source: SL 1994, ch 232, §3-409.
SD Codified L § 29A-3-410 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-410 - Formal testacy proceedings--Probate of more than one instrument.

29A-3-410. Formal testacy proceedings--Probate of more than one instrument.If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of a personal representative, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of §29A-3-412. Source: SL 1994, ch 232, §3-410.
SD Codified L § 29A-3-411 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-411 - Formal testacy proceedings--Partial intestacy.

29A-3-411. Formal testacy proceedings--Partial intestacy.If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect. Source: SL 1994, ch 232, §3-411.
SD Codified L § 29A-3-414 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-414 - Formal proceedings concerning appointment of personal representative.

29A-3-414. Formal proceedings concerning appointment of personal representative.(a) A formal proceeding for adjudication regarding the priority or qualification of an applicant for appointment as personal representative, or of a person previously appointed personal representative in informal proceedings, is governed by §29A-3-402, as well as by this section if an issue concerning the testacy of the decedent is or may be involved. In other cases, the petition shall contain or adopt the statements required by subsection 29A-3-301(a)(1) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter.(b) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative, any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under §29A-3-203, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under §29A-3-611. Source: SL 1994, ch 232, §3-414; SL 1995, ch 167, §116.