reglab/housing_qa huggingface dataset:
SD Codified L § 29A-3-501 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-501 - Supervised administration--Nature of proceeding.

29A-3-501. Supervised administration--Nature of proceeding.Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court, which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to interested persons, and is subject to directions concerning the estate made by the court on its own motion or on the motion of the personal representative or any other interested person. Except as otherwise provided in this part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised. Source: SL 1994, ch 232, §3-501.
SD Codified L § 29A-3-502 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-502 - Supervised administration--Petition--Order.

29A-3-502. Supervised administration--Petition--Order.(a) A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the request for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding shall apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied.(b) After notice to interested persons, the court shall order supervised administration of a decedent's estate: (1) if the decedent's will directs supervised administration, unless the court finds that circumstances relating to the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration; (2) if the decedent's will directs unsupervised administration, only upon a finding that it is necessary for the protection of persons interested in the estate; or (3) in other cases if the court finds that supervised administration is necessary under the circumstances. Source: SL 1994, ch 232, §3-502.
SD Codified L § 29A-3-503 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-503 - Supervised administration--Effect on other proceedings.

29A-3-503. Supervised administration--Effect on other proceedings.(a) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed.(b) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by §29A-3-401.(c) After the personal representative has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise the power to distribute any estate. The filing of the petition does not affect other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition. Source: SL 1994, ch 232, §3-503.
SD Codified L § 29A-3-504 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-504 - Supervised administration--Powers of personal representative.

29A-3-504. Supervised administration--Powers of personal representative.Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but a supervised personal representative shall not exercise the power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court shall be endorsed on the letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative. Source: SL 1994, ch 232, §3-504.
SD Codified L § 29A-3-505 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-505 - Supervised administration--Interim orders--Distribution and closing orders.

29A-3-505. Supervised administration--Interim orders--Distribution and closing orders.Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under §29A-3-1001. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the motion of the personal representative or any interested person. Source: SL 1994, ch 232, §3-505; SL 1995, ch 167, §117.
SD Codified L § 29A-3-601 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-601 - Qualification.

29A-3-601. Qualification.Prior to receiving letters, a personal representative shall qualify by filing with the appointing court an acceptance of office and any required bond. Source: SL 1994, ch 232, §3-601.
SD Codified L § 29A-3-602 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-602 - Acceptance of appointment--Consent to jurisdiction.

29A-3-602. Acceptance of appointment--Consent to jurisdiction.By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to the personal representative by ordinary first class mail at the address as listed in the application or petition for appointment or as thereafter reported to the court and to the personal representative's address as then known to the petitioner. Source: SL 1994, ch 232, §3-602.
SD Codified L § 29A-3-603 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-603 - Bond not required without court order, exceptions.

29A-3-603. Bond not required without court order, exceptions.Bond is required of a personal representative unless: (a) the will expressly waives bond, directs that there be no bond, or waives the requirement of surety thereon; (b) all of the heirs, if no will has been probated, or all of the devisees file a written waiver of the bond requirement; (c) the personal representative is a bank or trust company qualified to do trust business or exercise trust powers in this state; or (d) the court concludes that bond is not in the best interests of the estate. Source: SL 1994, ch 232, §3-603.
SD Codified L § 29A-3-604 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-604 - Bond amount--Security--Procedure--Reduction.

29A-3-604. Bond amount--Security--Procedure--Reduction.(a) If bond is required and the provisions of the will or order of appointment do not specify the amount, unless stated in the application or petition, the person qualifying as personal representative shall file a statement under oath with the clerk indicating the person's best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and shall execute and file a bond with the clerk, or give other suitable security, in an amount not less than the estimate. The clerk shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security.(b) The clerk may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a financial institution (as defined in §29A-6-101) that is located in this state and in a manner that prevents their unauthorized disposition.(c) On petition of the personal representative or another interested person and subject to §29A-3-603, the court may require bond, excuse bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties. Source: SL 1994, ch 232, §3-604; SL 1995, ch 167, §118.
SD Codified L § 29A-3-606 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-606 - Terms and conditions of bonds.

29A-3-606. Terms and conditions of bonds.(a) The following requirements and provisions apply to any bond required by this part:(1)Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the personal representative of all fiduciary duties according to law.(2)Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.(3)By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed by registered or certified mail at the address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.(4)On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.(5)The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.(b) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation. Source: SL 1994, ch 232, §3-606.
SD Codified L § 29A-3-607 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-607 - Order restraining personal representative.

29A-3-607. Order restraining personal representative.(a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of office, or make any other order to secure proper performance by the personal representative, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the petitioner or of some other interested person. Persons with whom the personal representative may transact business may be made parties.(b) The matter shall be set for hearing at such time and with such notice as the court shall direct. Source: SL 1994, ch 232, §3-607.
SD Codified L § 29A-3-608 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-608 - Termination of appointment--General.

29A-3-608. Termination of appointment--General.Termination of appointment of a personal representative occurs as provided in §§29A-3-609 to 29A-3-612, inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve the personal representative of the duty to preserve assets subject to the personal representative's control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates the personal representative's authority to represent the estate in any pending or future proceeding. Source: SL 1994, ch 232, §3-608.
SD Codified L § 29A-3-609 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-609 - Termination of appointment--Death or disability.

29A-3-609. Termination of appointment--Death or disability.The death of a personal representative or the appointment of a conservator for a personal representative who has been adjudicated a protected person, terminates the personal representative's appointment. Unless a co-representative remains in office, termination by death or appointment of a conservator imposes upon the personal representative of the deceased personal representative, or the conservator appointed for a living personal representative, the duty to protect the estate possessed and being administered at the time of termination, and confers the power to perform acts necessary to protect the estate and to account for, and deliver the assets to, a successor personal representative or special administrator upon appointment and qualification. Source: SL 1994, ch 232, §3-609.
SD Codified L § 29A-3-610 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-610 - Termination of appointment--Voluntary.

29A-3-610. Termination of appointment--Voluntary.(a) An appointment of a personal representative terminates as provided in §29A-3-1003, one year after the filing of a closing statement.(b) An order closing an estate as provided in §29A-3-1001 terminates an appointment of a personal representative.(c) A personal representative may resign the position of personal representative by filing a written statement of resignation with the clerk after giving at least fourteen days written notice to the persons known to be interested in the estate. If the person resigning is the sole personal representative and no one applies or petitions for appointment of a successor representative within the time stated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to that successor. If the person resigning is a co-representative, the resignation is effective only upon delivery of assets in the representative's possession to the co-representatives remaining in office. Source: SL 1994, ch 232, §3-610; SL 1995, ch 167, §119.
SD Codified L § 29A-3-611 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-611 - Termination of appointment by removal--Cause; procedure.

29A-3-611. Termination of appointment by removal--Cause; procedure.(a) Any interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in §29A-3-607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration, or to preserve the estate. If removal is ordered, the court shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.(b) Cause for removal exists when:(1)Removal is in the best interests of the estate;(2)The personal representative or the person requesting the representative's appointment intentionally misrepresented material facts in the proceedings leading to appointment; or(3)The personal representative has disregarded an order of court, has become incapable of discharging the duties of office, has mismanaged the estate, or has failed to perform any duty pertaining to the office.(c) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile who is requesting appointment either personally or of a nominee as personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets. Source: SL 1994, ch 232, §3-611.
SD Codified L § 29A-3-612 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-612 - Termination of appointment--Change of testacy status.

29A-3-612. Termination of appointment--Change of testacy status.Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy, the probate of a later-offered will which supersedes the formal probate of another will, or the vacation of an informal probate of a will under which the personal representative was appointed, does not terminate the appointment of the personal representative although the personal representative's powers may be reduced as provided in §29A-3-401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to succeed to the appointment under the new testacy status. If no request for new appointment is made within thirty days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the decedent's testacy status, the previously appointed personal representative may continue as personal representative under the subsequently probated will, or in intestacy, as the case may be. Source: SL 1994, ch 232, §3-612.
SD Codified L § 29A-3-613 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-613 - Successor personal representative.

29A-3-613. Successor personal representative.Parts 3 and 4 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Source: SL 1994, ch 232, §3-613.
SD Codified L § 29A-3-614 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-614 - Special administrator--Appointment.

29A-3-614. Special administrator--Appointment.A special administrator may be appointed:(1)Informally by the clerk on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or, if a prior appointment has been terminated, as provided in §29A-3-609; or(2)In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice. Source: SL 1994, ch 232, §3-614; SL 1995, ch 167, §120; SL 1999, ch 145, §1.
SD Codified L § 29A-3-615 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-615 - Special administrator--Who may be appointed.

29A-3-615. Special administrator--Who may be appointed.(a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed if available and qualified.(b) In other cases, any qualified person may be appointed special administrator. Source: SL 1994, ch 232, §3-615.
SD Codified L § 29A-3-616 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-616 - Special administrator--Appointed informally--Powers and duties.

29A-3-616. Special administrator--Appointed informally--Powers and duties.A special administrator appointed by the clerk in informal proceedings pursuant to §29A-3-614(1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor, and to deliver them to the general personal representative upon qualification. The special administrator appointed in informal proceedings has the powers of a general personal representative under the code as are necessary to perform the special administrator's duties. Source: SL 1999, ch 145, §2.
SD Codified L § 29A-3-617 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-617 - Special administrator--Formal proceedings--Power and duties.

29A-3-617. Special administrator--Formal proceedings--Power and duties.A special administrator appointed by order of the court in any formal proceeding has the powers of a general personal representative, except as limited in the order of appointment, and the duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on other terms as the court may direct. Source: SL 1994, ch 232, §3-617.
SD Codified L § 29A-3-618 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-618 - Termination of appointment--Special administrator.

29A-3-618. Termination of appointment--Special administrator.The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in §§29A-3-608 to 29A-3-611, inclusive. Source: SL 1994, ch 232, §3-618.