reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-1101 - Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.

29A-3-1101. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.
A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any governing instrument, the rights or interests in the estate of the decedent, of any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto including those unborn, unascertained or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest.
Source:
SL 1994, ch 232, §3-1101.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-1102 - Procedure for securing court approval of compromise.

29A-3-1102. Procedure for securing court approval of compromise.
The procedure for securing court approval of a compromise is as follows:
(1)The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons having beneficial interests or having claims which will or may be affected by the compromise. Parents may act for a minor child if there is no conflict of interest and no guardian or conservator has been appointed. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.
(2)Any interested person, including the personal representative, if any, or a trustee, may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.
(3)After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court, if it finds that an actual contest or controversy exists and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries subject to its jurisdiction to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.
Source:
SL 1994, ch 232, §3-1102.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-1201 - Collection of personal property by affidavit.

29A-3-1201. Collection of personal property by affidavit.
(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:
(1)The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000;
(2)Thirty days have elapsed since the death of the decedent;
(3)No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(4)The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care; and
(5)The claiming successor is entitled to payment or delivery of the property.
(b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a).
Source: SL 1994, ch 232, §3-1201; SL 1995, ch 167, §136; SL 1997, ch 172, §1; SL 2002, ch 100, §26; SL 2003, ch 157, §1; SL 2022, ch 88, §1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-1202 - Effect of affidavit.

29A-3-1202. Effect of affidavit.
(a) The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released as if the person had dealt with a personal representative of the decedent, and is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.
(b) If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered in a proceeding by or on behalf of the persons entitled to receive it upon proof of the facts required to be stated in the affidavit.
(c) Any person to whom payment, delivery, transfer or issuance is made is liable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
(d) Any affiant receiving payment or delivery of personal property under this section shall be responsible for seeing that the property is applied to liens and encumbrances, homestead allowance, exempt property, family allowance, funeral expenses, expenses of administration and creditor claims, as required by law, and that any remaining property is distributed to heirs and devisees entitled thereto.
(e) An affiant submits personally to the jurisdiction of the courts of this state in any proceeding relating to the affidavit that may be instituted by any interested person.
Source:
SL 1994, ch 232, §3-1202; SL 1995, ch 167, §137.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-A - STATEMENT OF CLAIM

APPENDIX A. APPENDIX TO CHAPTER 29A-3
The Supreme Court of South Dakota by order dated March 17, 1997, adopted the following rule:
State of South Dakota ) In Circuit Court
County of ________ ) ss ______________ Judicial Circuit
)
Estate of )
____________________ ) FILE NO.____________
Deceased )
STATEMENT OF CLAIM
This claim is made against the estate:
Description of Claim Due Date, If Not Yet Due Amount
1._______________________ ____________________ $__________
2._______________________ ____________________ $__________
3._______________________ ____________________ $__________
4._______________________ ____________________ $__________
5._______________________ ____________________ $__________
TOTAL CLAIM $__________
* This claim is unsecured.
* This claim is secured by __________.
* This claim is contingent or unliquidated because __________.
__________.
Dated _______.
__________
Claimant's Signature
__________
Claimant's Name
__________
Claimant's Address
__________
Claimant's Telephone Number
(The following information shall appear on the back of the Statement of Claim form)
How To Use This Form:
The Statement of Claim is presented by:
1. Filing the Statement of Claim with the clerk of courts and mailing a copy to the personal representative, or
2. Mailing or delivering the Statement of Claim to the personal representative. (A proof of notice should be filed with the clerk if the Statement of Claim is mailed to the personal representative.)
If the claim is not yet due, the date when it will become due must be stated. If the claim is secured, the security must be described. If the claim is contingent or unliquidated, the nature of the uncertainty must be stated. See SDCL 29A-3-804.
Comments:
No presentation of claim is required in regard to matters claimed in court proceedings brought against the decedent which were pending in any court at the time of death. See SDCL 29A-3-804(b). A claim can be "presented" by commencing an action against the personal representative within the time for presenting a claim. See SDCL 29A-3-804(a)(2).
The time limitations specified in SDCL 29A-3-803 do not apply to liability claims against the decedent or the personal representative to the extent that they are "protected by liability insurance," or any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate.
Source:
SL 1997, ch 348 (Supreme Court Rule 97-43).
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-101 - Definitions.

29A-4-101. Definitions.
In this chapter:
(1)"Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 29A-3;
(2)"Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in chapter 29A-3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to §29A-4-205;
(3)"Resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a nonresident decedent.
Source:
SL 1994, ch 232, §4-101; SL 1995, ch 167, §139.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-201 - Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.

29A-4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the appointment and an affidavit made by or on behalf of the representative stating:
(1)The date of the death of the nonresident decedent;
(2)That no local administration, or application or petition therefor, is pending in this state;
(3)That the domiciliary foreign personal representative is entitled to payment or delivery.
Source:
SL 1994, ch 232, §4-201.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-202 - Payment or delivery discharges.

29A-4-202. Payment or delivery discharges.
Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action to the same extent as if payment or delivery had been made to a local personal representative.
Source:
SL 1994, ch 232, §4-202.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-203 - Resident creditor notice.

29A-4-203. Resident creditor notice.
Payment or delivery under §29A-4-201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
Source:
SL 1994, ch 232, §4-203.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-204 - Proof of authority-bond.

29A-4-204. Proof of authority-bond.
If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, certified copies of the appointment and of any official bond.
Source:
SL 1994, ch 232, §4-204; SL 1995, ch 167, §140.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-205 - Powers.

29A-4-205. Powers.
A domiciliary foreign personal representative, who has complied with §29A-4-204, may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally, except that no will is effective to prove the transfer of any property unless admitted to probate in a local proceeding, and a bank or trust company shall not have the authority to act unless qualified to do trust business or exercise trust powers in this state.
Source:
SL 1994, ch 232, §4-205; SL 1995, ch 167, §141.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-206 - Power of representatives in transition.

29A-4-206. Power of representatives in transition.
The power of a domiciliary foreign personal representative under §29A-4-201 or 29A-4-205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under §29A-4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign representative in any action or proceedings in this state.
Source:
SL 1994, ch 232, §4-206.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-207 - Ancillary and other local administrations--Provisions governing.

29A-4-207. Ancillary and other local administrations--Provisions governing.
In respect to a nonresident decedent, the provisions of chapter 29A-3 govern (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration.
Source:
SL 1994, ch 232, §4-207.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-301 - Jurisdiction by act of foreign personal representative.

29A-4-301. Jurisdiction by act of foreign personal representative.
A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by (1) filing certified copies of the appointment as provided in §29A-4-204, (2) receiving payment of money or taking delivery of personal property under §29A-4-201, or (3) doing any act as a personal representative in this state which would have given the state jurisdiction over the personal representative as an individual. Jurisdiction under (2) is limited to the money or value of personal property collected.
Source:
SL 1994, ch 232, §4-301; SL 1995, ch 167, §142.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-302 - Jurisdiction by act of decedent.

29A-4-302. Jurisdiction by act of decedent.
In addition to jurisdiction conferred by §29A-4-301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death.
Source:
SL 1994, ch 232, §4-302.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-303 - Service on foreign personal representative.

29A-4-303. Service on foreign personal representative.
Notice shall be given to a foreign personal representative in the manner prescribed by §29A-1-401.
Source:
SL 1994, ch 232, §4-303.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 04 - Foreign Personal Representatives--Ancillary Administration › Section 29A-4-401 - Effect of adjudication for or against personal representative.

29A-4-401. Effect of adjudication for or against personal representative.
An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.
Source:
SL 1994, ch 232, §4-401.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-101 - Citation of chapter.

29A-5-101. Citation of chapter.
This chapter shall be known and may be cited as the South Dakota Guardianship and Conservatorship Act.
Source:
SL 1993, ch 213, §1; SDCL 30-36-1; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-102 - Definition of terms.

29A-5-102. Definition of terms.
Terms used in this chapter mean:
(1)"Absentee," any individual who has disappeared, who has been forcibly detained either illegally or by a foreign power, or who is otherwise located in a foreign country and is unable to return;
(2)"Conservator," one appointed by the court to be responsible for managing the estate and financial affairs of a minor or protected person;
(3)"Court representative," any individual appointed by the court to make investigations and recommendations as provided in this chapter or as otherwise ordered by the court;
(4)"Guardian," one appointed by the court to be responsible for the personal affairs of a minor or protected person, but excludes one who is merely a guardian ad litem;
(5)"Interested person," any individual who is the subject of a guardianship or conservatorship proceeding, and any entity, public agency, or other individual with an interest in the proceeding, either generally or as to a particular matter;
(6)"Limited conservator," one appointed by the court who has only those responsibilities for managing the estate and financial affairs of a minor or protected person as are specified in the order of appointment;
(7)"Limited guardian," one appointed by the court who has only those responsibilities for the personal affairs of a minor or protected person as are specified in the order of appointment;
(8)"Minor," any individual under eighteen years of age;
(9)"Person alleged to need protection," any individual for whom the appointment of a guardian or conservator is being sought other than for reasons of minority;
(10)"Protected person," any individual for whom a guardian or conservator has been appointed other than for reasons of minority.
Unless the context otherwise requires, any reference to a "guardian" includes a "limited guardian," and any reference to a "conservator" includes a "limited conservator." Any reference to a "conservator" also includes a guardian with authority to manage the estate and financial affairs of a minor or protected person who was appointed prior to July 1, 1993. Any reference to a "person" refers to either an "interested person," a "person alleged to need protection," or a "protected person," as the context requires, and does not refer to a "person" as defined in §2-14-2(18).
Source:
SL 1993, ch 213, §2; SDCL 30-36-2; SL 1995, ch 167, §§176, 181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-103 - Application of chapter.

29A-5-103. Application of chapter.
This chapter applies to all guardianships and conservatorships in this state, including guardianships created prior to July 1, 1993. Unless otherwise modified or terminated, all guardianships created prior to July 1, 1993, shall remain in full force and effect and all guardians shall retain their assigned powers and duties with respect to either financial or personal decision making except to the extent that the powers and duties under this chapter are broader or more clearly expressed. The provisions of this chapter concerning the filing of reports by guardians and the filing of accountings by conservators may not be retroactively applied and prior law shall control as to whether a report or accounting will be required for any period prior to July 1, 1993. The provisions of §§55-3-24 to 55-3-44, inclusive, are applicable to actions or proceedings relating to guardianships and conservatorships supervised or administered under this chapter.
Source:
SL 1993, ch 213, §3; SL 1994, ch 233, §1; SDCL 30-36-3; SL 1995, ch 167, §181; SL 2000, ch 229, §20.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-104 - Application of circuit court rules of procedure.

29A-5-104. Application of circuit court rules of procedure.
Chapter 15-6, known as "Rules of Procedure in Circuit Court," apply to all proceedings under this chapter, except as otherwise provided.
Source:
SL 1993, ch 213, §4; SDCL 30-36-4; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-106 - Application of chapter to person other than parent seeking custody of child--Limitations--Effect of chapter on other law.

29A-5-106. Application of chapter to person other than parent seeking custody of child--Limitations--Effect of chapter on other law.
Custody of a child may be sought by a person other than the parent under this chapter and the substantive law of this state. A person other than the parent may not use this chapter to seek custody if a proceeding is pending pursuant to chapter 25-3, 25-4, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, or 26-8C, or if the child is subject to the continuing jurisdiction of another court. Nothing in this chapter affects the provisions of chapters 25-4, 25-5, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, and 26-8C relating to the appointment of guardians and conservators and the administration of guardianships and conservatorships for children who have been adjudicated to be delinquent, abused, neglected, or in need of supervision. Nor may anything in this chapter affect the provisions of Title 27A, relating to individuals with mental illnesses. In the event of any inconsistency or conflict, the provisions of chapters 25-4, 25-5, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, and 26-8C or of Title 27A shall control, and the provisions of this chapter are in all respects to be supplementary thereto. A petition pursuant to this chapter seeking custody by a person other than the parent shall be dismissed if an action concerning the child is filed pursuant to chapter 26-7A, 26-8A, 26-8B, or 26-8C. If, while a guardianship petition pursuant to this chapter seeking custody by a person other than the parent is pending, an action is commenced pursuant to chapter 25-4, 25-5, 25-5A, 25-6, or 25-8, the court may, in its discretion, dismiss the guardianship proceeding and defer the child custody matter to the other proceeding or considering the stage of the proceedings, judicial economy, and best interests of the child, retain jurisdiction and establish the guardianship, or enter an appropriate protection order pending resolution of the pending proceedings.
Source:
SL 1993, ch 213, §6; SDCL 30-36-6; SL 1995, ch 167, §181; SL 2002, ch 140, §1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-106.1 - Applicability of §§29A-5-106, 29A-5-106.1 and chapter 25-5.

29A-5-106.1. Applicability of §§29A-5-106, 29A-5-106.1 and chapter 25-5.
It is the express legislative intent that §§29A-5-106 and 29A-5-106.1, together with chapter 25-5 dealing with custody disputes between a parent and a person other than the parent, apply to all pending and subsequent guardianship matters involving a custody dispute between a parent and a person other than the parent.
Source:
SL 2002, ch 140, §2.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-108 - Filing petition for appointment--Jurisdiction.

29A-5-108. Filing petition for appointment--Jurisdiction.
A petition for the appointment of a guardian or conservator shall be filed in the county in which the minor either resides or is present or, if the minor has been admitted to a facility pursuant to an order of court, in the county in which that court is located. If the minor neither resides in nor is present in this state, a petition for the appointment of a conservator shall be filed in a county in which the minor has property or in the county having jurisdiction of a decedent's estate in which the minor has an interest. The court of the county in which the proceeding is first commenced shall have exclusive jurisdiction to decide the petition unless that court determines that a transfer of venue would be in the best interests of the minor.
Source:
SL 1993, ch 213, §8; SDCL §30-36-8; SL 1995, ch 167, §181; SL 2011, ch 135, §503.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-109 - Transfer of jurisdiction following appointment.

29A-5-109. Transfer of jurisdiction following appointment.
Following the appointment of a guardian or conservator, the court with jurisdiction over the proceeding may order the transfer of jurisdiction to another county in this state or to another state if it appears to the court by reason of the residence or location of the minor, the location of a major portion of the property, or the residence of the guardian or conservator, that the interests of the minor will be best served by a transfer.
Source:
SL 1993, ch 213, §9; SDCL §30-36-9; SL 1995, ch 167, §181; SL 2011, ch 135, §503.1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-111 - Filing of acceptance and bond--Amount of bond--Notice of nonrenewal.

29A-5-111. Filing of acceptance and bond--Amount of bond--Notice of nonrenewal.
The appointment of a guardian or conservator does not become effective nor may letters of guardianship or conservatorship issue until the guardian or conservator has filed an acceptance of office and any required bond.
The court may not require the filing of a bond by a guardian except for good cause shown.
The court shall determine whether the filing of a bond by a conservator is necessary. In determining the necessity for or amount of a conservator's bond, the court shall consider:
(1)The value of the personal estate and annual gross income and other receipts within the conservator's control;
(2)The extent to which the estate has been deposited under an arrangement requiring an order of court for its removal;
(3)Whether an order has been entered waiving the requirement that accountings be filed and presented or permitting accountings to be filed less frequently than annually;
(4)The extent to which the income and receipts are payable directly to a facility responsible for or which has assumed responsibility for the care or custody of the minor or protected person;
(5)Whether a guardian has been appointed, and if so, whether the guardian has presented reports as required;
(6)Whether the conservator was appointed pursuant to a nomination which requested that bond be waived; and
(7)Any other factors which the court deems appropriate.
Any required bond shall be with such surety and in such amount and form as the court may order. The court may order additional bond or reduce bond whenever it considers such modification to be in the best interests of the minor, the protected person, or the estate.
The surety or sureties of the bond must immediately serve notice to the court and to the minor, the protected person, or the estate if the bond is not renewed by the guardian or conservator.
Source:
SL 1993, ch 213, §11; SL 1994, ch 233, §2; SDCL §30-36-11; SL 1995, ch 167, §181; SL 2016, ch 120, §40.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-112 - Action for breach of bond--Time limit.

29A-5-112. Action for breach of bond--Time limit.
In case of a breach of any condition on a guardian's or conservator's bond, an action may be maintained by any interested person for the use and benefit of the minor, the protected person, or the estate. However, no action may be maintained against the sureties on a bond unless such action is filed within four years after the guardian's or conservator's discharge or removal or within four years from the date the order surcharging the guardian or conservator becomes final, whichever is later.
Source:
SL 1993, ch 213, §12; SDCL 30-36-12; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-113 - Designation of agent for non-resident guardian or conservator.

29A-5-113. Designation of agent for non-resident guardian or conservator.
A guardian or conservator who is or who later becomes a nonresident of this state shall file with the clerk of courts in the county in which the proceeding is pending a designation of an agent residing in this state to accept service of process. Such filing shall be made promptly following the appointment or removal from this state.
Source:
SL 1993, ch 213, §13; SDCL 30-36-13; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-114 - Petition for appointment by guardian or conservator appointed in another state.

29A-5-114. Petition for appointment by guardian or conservator appointed in another state.
A guardian, conservator or like fiduciary appointed in another state may be appointed as a guardian or conservator in this state upon presentation of a petition therefor, proof of appointment, and a certified copy of such portion of the court record in the other state as the court in this state may specify. Notice of hearing on any such petition, together with a copy of the petition, shall be mailed at least fourteen days prior to the hearing to the minor, if age ten or older, to the protected person, and to the individuals and entities that would be entitled to notice if the regular procedures for appointment of a guardian or conservator were applicable. The court shall make the appointment unless it concludes that the appointment would not be in the minor's or protected person's best interest. Upon the filing of an acceptance of office and any required bond, the appropriate letters of guardianship or conservatorship shall issue. Within fourteen days following an appointment, the guardian or conservator shall mail a copy of the order of appointment to the minor, if age ten or older, to the protected person, and to all individuals and entities given notice of the petition. The mailing made to and on behalf of the protected person shall include a brief statement of rights to seek termination or modification.
Source:
SL 1993, ch 213, §14; SDCL 30-36-14; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-115 - Payment or delivery to nonresident conservator or like fiduciary--Proof of appointment.

29A-5-115. Payment or delivery to nonresident conservator or like fiduciary--Proof of appointment.
Any individual or entity indebted to a minor or protected person or having possession of a minor's or protected person's personal property, whether tangible or intangible, including an instrument evidencing a debt, stock, or right of action, may pay or deliver it to a conservator of the estate or like fiduciary appointed in another state upon presentation of proof of appointment and an affidavit stating that no conservatorship proceeding relating to the minor or protected person is pending in this state, and that the nonresident conservator or like fiduciary is entitled to payment or delivery.
Source:
SL 1993, ch 213, §15; SDCL 30-36-15; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-116 - Compensation of guardian, conservator, attorneys, and other appointed individuals.

29A-5-116. Compensation of guardian, conservator, attorneys, and other appointed individuals.
Any guardian, conservator, attorney for any guardian or conservator and the attorney for the minor or person alleged to need protection, and any other individuals appointed by the court in connection with a guardianship or conservatorship proceeding, are entitled to reasonable compensation from the estate, including reimbursement for costs advanced. The court may also award reasonable compensation to any attorney whose services resulted in an order that was beneficial to the minor, the protected person, or the estate.
Source:
SL 1993, ch 213, §16; SDCL 30-36-16; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-117 - Appointment of attorney, guardian ad litem, or court representative.

29A-5-117. Appointment of attorney, guardian ad litem, or court representative.
Nothing in this chapter precludes the appointment of an attorney, guardian ad litem, or court representative if the court determines that such an appointment is necessary.
Source:
SL 1993, ch 213, §17; SDCL 30-36-17; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-118 - Effect--Appointment--Guardian--Conservator--Minor--Protected Person.

29A-5-118. Effect--Appointment--Guardian--Conservator--Minor--Protected Person.
The appointment of a guardian or conservator of a protected person does not constitute a general finding of legal incompetence unless the court so orders, and the protected person shall otherwise retain all rights which have not been granted to the guardian or conservator, with the exception of the ability to create an agency and confer authority on another person to do any act that the protected person might do, pursuant to §59-2-1. Unless prior authorization of the court is first obtained, a guardian or conservator may not change the residence of the minor or protected person to another state, terminate or consent to a termination of the minor's or protected person's parental rights, initiate a change in the minor's or protected person's marital status, or revoke or amend a durable power of attorney of which the protected person is the principal, except as provided in §59-7-11.
Source:
SL 1993, ch 213, §18; SDCL §30-36-18; SL 1995, ch 167, §181; SL 2016, ch 120, §37; SL 2020, ch 214, § 53.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-119 - Training curricula for persons appointed as guardians and conservators.

29A-5-119. Training curricula for persons appointed as guardians and conservators.
The State Bar of South Dakota shall prepare and approve training curricula for persons appointed as guardians and conservators. The training curricula shall include:
(1)The rights of minors and protected persons under this chapter and under the laws of the United States generally;
(2)The duties and responsibilities of guardians and conservators;
(3)Reporting requirements;
(4)Least restrictive options in the areas of housing, medical care, and psychiatric care; and
(5)Resources to assist guardians and conservators in fulfilling their duties.
Each person appointed by the court to be a guardian or conservator before July 1, 2021, shall complete the training curricula within four months after July 1, 2021. A person may not be appointed by the court as a guardian or conservator on or after July 1, 2021, until the person completes the training curricula.
Source:
SL 2016, ch 120, §38; SL 2021, ch 121, § 2.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-201 - Appointment of guardian or conservator of minor.

29A-5-201. Appointment of guardian or conservator of minor.
A guardian or conservator of a minor may be appointed upon petition, the filing of a statement of financial resources, and after notice and hearing as provided in this section and §§29A-5-202 to 29A-5-210, inclusive. Upon an appointment, the guardianship or conservatorship status continues until terminated, without regard to the location of the guardian, the conservator, or the minor.
Source:
SL 1993, ch 213, §19; SDCL 30-36-19; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-202 - Nomination of guardian or conservator by minor or parent.

29A-5-202. Nomination of guardian or conservator by minor or parent.
A minor, age fourteen or older, may nominate any individual or entity to act as his guardian or conservator. The nomination may be made in writing or by an oral request to the court. The court may appoint the individual or entity so nominated if the nominee is otherwise eligible to act and would serve in the minor's best interests. However, no nomination by a minor may supersede a previous appointment by the court.
A parent of an unmarried minor may nominate a guardian or conservator of the minor by will or other signed writing. Absent an effective nomination by the minor, the court may appoint a parental nominee if both parents are dead and the nominee is otherwise eligible to act and would serve in the minor's best interests. In the event that both parents have made nominations, the court shall select the nominee which it believes best qualified. A parental nomination shall be effective whether or not the minor was living at the time of the making of the will or other signed writing. However, no parental nomination may supersede a previous appointment by the court.
Absent an effective nomination by a minor, age fourteen or older, or deceased parent, the court shall appoint as guardian or conservator the individual or entity that will act in the minor's best interests. In making that appointment, the court shall consider the proposed guardian's or conservator's geographic location, familial or other relationship with the minor, ability to carry out the powers and duties of the office, commitment to promoting the minor's welfare, any potential conflicts of interest, the recommendations of the parents or other interested relatives, and the wishes of the minor if the minor is of sufficient age to form an intelligent preference. The court may appoint more than one guardian or conservator and need not appoint the same individual or entity to serve as both guardian and conservator.
Source:
SL 1993, ch 213, §20; SDCL 30-36-20; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-203 - Who may file petition for appointment--Contents of petition.

29A-5-203. Who may file petition for appointment--Contents of petition.
A petition for the appointment of a guardian, a conservator, or both, may be filed by the minor, by an interested relative, by the individual or facility that is responsible for or has assumed responsibility for the minor's care or custody, by the individual or entity that the minor has nominated as guardian or conservator, or by any other interested person, including the department of human services or the department of social services.
A petition for the appointment of a guardian, a conservator, or both, shall state the petitioner's name, place of residence, post office address, relationship to the minor, and shall, to the extent known as of the date of filing, state the following with respect to the minor and the relief requested:
(1)The minor's name, date of birth, place of residence or location, and post office address;
(2)The names and post office addresses of the minor's spouse, children, parents, and brothers and sisters, or if none, the minor's nearest known relatives who would be entitled to succeed to the minor's estate by intestate succession;
(3)The name, place of residence or location, and post office address of the individual or facility that is responsible for or has assumed responsibility for the minor's care or custody;
(4)The reasons why guardianship or conservatorship is requested and the interest of the petitioner in the appointment;
(5)The name, post office address and, if the proposed guardian or conservator is an individual, the individual's age, occupation and relationship to the minor;
(6)The name, post office address and, if the minor is age fourteen or older and has nominated a guardian or conservator who is an individual, the individual's age, occupation and relationship to the minor;
(7)The name, post office address and, if a deceased parent has nominated a guardian or conservator who is an individual, the individual's age, occupation and relationship to the minor; and
(8)The name and post office address of any guardian or conservator currently acting, whether in this state or elsewhere.
Source:
SL 1993, ch 213, §21; SDCL 30-36-21; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-204 - Notice of appointment hearing--Exception.

29A-5-204. Notice of appointment hearing--Exception.
Upon the filing of the petition, the court shall issue a notice fixing the date, hour and location for a hearing to take place within sixty days.
At least fourteen days prior to the hearing, the minor, if age ten or older, shall be personally served with a copy of the notice and petition, and the petitioner shall mail a copy of the notice and petition to all entities and individuals age ten or older whose names and post office addresses appear in the petition. The court may order that no notice of hearing need be given if all persons entitled to notice waive notice of hearing and the court determines that it would be in the best interests of the minor and the minor's estate to proceed without notice.
Source:
SL 1993, ch 213, §22; SDCL 30-36-22; SL 1995, ch 167, §181; SL 1999, ch 146, §1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-205 - Court appointment of attorney to protect minor's interest--Investigation by court-appointed representative.

29A-5-205. Court appointment of attorney to protect minor's interest--Investigation by court-appointed representative.
The court may appoint an attorney for the minor, either upon the filing of the petition or at any time thereafter, if it concludes that an appointment is necessary to protect the minor's interests, and the court may appoint a court representative to make such investigations as the court shall order if it concludes that an appointment is necessary for a reasonably informed decision on the petition.
Source:
SL 1993, ch 213, §23; SDCL 30-36-23; SL 1995, ch 167, §181.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-206 - Filing of minor's financial statement.

29A-5-206. Filing of minor's financial statement.
Prior to the hearing on the petition, the petitioner shall file a statement of the financial resources of the minor which shall, to the extent known, list the approximate value of the real and personal estate and the anticipated annual gross income and other receipts.
Source:
SL 1993, ch 213, §24; SDCL 30-36-24; SL 1995, ch 167, §181; SL 2006, ch 153, §3.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 05 - South Dakota Guardianship And Conservatorship Act › Section 29A-5-207 - Certain documents to be sealed--Available to certain persons.

29A-5-207. Certain documents to be sealed--Available to certain persons.
The statement of financial resources, any written report of the court representative, and any accountings or inventories made by the guardian or conservator shall be sealed upon filing and shall not be made a part of the public record but shall be available to the court, to the minor, to the petitioner, to the court representative, to their attorneys, to abstractors or employees of abstractors licensed pursuant to chapter 36-13, to employees and agents of title insurance companies licensed pursuant to chapter 58-25, to attorneys who are licensed to practice law pursuant to chapter 16-16 and who are representing a relative of the minor within the third degree of kinship, to the spouse of the minor, to joint tenants of the minor, to any intestate heirs of the minor which relationship shall be established by sworn affidavit, and to such other interested persons as the court may order upon a showing of the need therefor.
Source:
SL 1993, ch 213, §25; SDCL 30-36-25; SL 1995, ch 167, §181; SL 1999, ch 146, §2.