reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-609 - Ademption by satisfaction.

29A-2-609. Ademption by satisfaction.
(a) Property a testator gave during lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if (i) the will provides for deduction of the gift, (ii) the testator declared in a writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise, or (iii) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(b) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
(c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying §§29A-2-603 and 29A-2-604, unless the testator's writing provides otherwise.
Source:
SL 1995, ch 167, §2-609.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-701 - Scope.

29A-2-701. Scope.
In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.
Source:
SL 1995, ch 167, §2-701.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-703 - Choice of law as to meaning and effect of governing instrument.

29A-2-703. Choice of law as to meaning and effect of governing instrument.
The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in Part 2, the provisions relating to exempt property and allowances described in Part 4, or any other public policy of this state otherwise applicable to the disposition.
Source:
SL 1995, ch 167, §2-703.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-704 - Power of appointment--Meaning of specific reference requirement.

29A-2-704. Power of appointment--Meaning of specific reference requirement.
If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference, to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.
Source:
SL 1995, ch 167, §2-704.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-705 - Class gifts construed to accord with intestate succession.

29A-2-705. Class gifts construed to accord with intestate succession.
Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles," "aunts," "nieces," or "nephews," are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers," "sisters," "nieces," or "nephews," are construed to include both types of relationships.
Source:
SL 1995, ch 167, §2-705.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-707 - Survivorship with respect to future interests under terms of trust.

29A-2-707. Survivorship with respect to future interests under terms of trust.
(a) A future interest created under the terms of a trust is contingent on the beneficiary surviving the distribution date.
(b) If an individual named as a beneficiary of a future interest created under the terms of a trust does not survive the distribution date, the future interest fails unless (i) the beneficiary is a grandparent, descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator or settlor and (ii) the beneficiary left descendants who survive the distribution date. Those descendants take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the distribution date.
(c) If a future interest created under the terms of a trust is made in the form of a class gift and a beneficiary (member of the class) dies before the distribution date, the share of the beneficiary fails, passes to the surviving members of the class, or passes to the surviving descendants of any deceased members of the class, as the case may be, unless (i) the beneficiary is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator or settlor, and (ii) the beneficiary left descendants who survive the distribution date. Those descendants take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the distribution date.
(d) If a future interest created under the terms of a trust fails for any reason:
(1)If the property passes under the residuary clause in the transferor's will, then the residuary clause is treated as creating a future interest under the terms of a trust.
(2)If the property passes to the transferor's heirs, then the property shall be distributed under §29A-2-711.
(e) For purposes of this section:
(1)"Class gift" excludes a future interest to "issue," "descendants," or "heirs of the body," the disposition of which is controlled by §29A-2-708, and excludes a devise to "heirs," "next of kin," "relatives," or "family," or a class described by language of similar import, the disposition of which is controlled by §29A-2-711.
(2)"Distribution date," with respect to a future interest, means the time when the future interest is to take effect in possession or enjoyment.
Source:
SL 1995, ch 167, §2-707.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-708 - Class gifts to "descendants," "issue," or "heirs of the body"--Form of distribution if none specified.

29A-2-708. Class gifts to "descendants," "issue," or "heirs of the body"--Form of distribution if none specified.
If a class gift in favor of "descendants," "issue," or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.
Source:
SL 1995, ch 167, §2-708.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-709 - Distribution by representation or per stirpes.

29A-2-709. Distribution by representation or per stirpes.
(a) If a governing instrument calls for property to be distributed "by representation" or "per stirpes," the property is divided into as many equal shares as there are (i) children of the designated ancestor who survived the distribution date, if any, and (ii) children of the designated ancestor who failed to survive the distribution date but who left descendants who survived the distribution date. Each surviving child is allocated one share. The share of each child who failed to survive the distribution date but who left descendants who survived the distribution date is allocated in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.
(b) For purposes of this section, "distribution date" means the time when the interest is to take effect in possession or enjoyment.
Source:
SL 1995, ch 167, §2-709.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-710 - Worthier-title doctrine abolished.

29A-2-710. Worthier-title doctrine abolished.
The doctrine of worthier title does not exist in this state either as a rule of law or as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives," or "family," or language of similar import, does not create or presumptively create a reversionary interest in the transferor.
Source:
SL 1995, ch 167, §2-710.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-711 - Interest in "heirs" and like.

29A-2-711. Interest in "heirs" and like.
If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relatives," or "family," or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
Source:
SL 1995, ch 167, §2-711.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-802 - Effect of divorce, annulment, and decree of separation.

29A-2-802. Effect of divorce, annulment, and decree of separation.
An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.
Source:
SL 1995, ch 167, §2-802.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-101 - Devolution of estate at death; restrictions.

29A-3-101. Devolution of estate at death; restrictions.
The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the person's property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, that person's real and personal property devolves to the persons to whom it is devised by will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estate, or in the absence of testamentary disposition, to the heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, rights of creditors, elective share of the surviving spouse, and administration.
Source:
SL 1994, ch 232, §3-101.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-102 - Necessity of order of probate for will.

29A-3-102. Necessity of order of probate for will.
Except as provided in §29A-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will shall be declared to be valid by an order of informal probate by the clerk of court, or an adjudication of probate by the court.
Source:
SL 1994, ch 232, §3-102; SL 1995, ch 167, §98; SL 2002, ch 138, §1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-103 - Necessity of appointment for administration.

29A-3-103. Necessity of appointment for administration.
Except as otherwise provided in chapter 29A-4, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or clerk, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.
Source:
SL 1994, ch 232, §3-103; SL 1995, ch 167, §99.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-104 - Claims against decedent--Necessity of administration.

29A-3-104. Claims against decedent--Necessity of administration.
No proceeding to enforce a claim against the estate of a decedent or the decedent's successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in §29A-3-1004 or from a former personal representative individually liable as provided in §29A-3-1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce a right to the security except as to any deficiency judgment which might be sought therein.
Source:
SL 1994, ch 232, §3-104.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-105 - Proceedings affecting devolution and administration--Jurisdiction of subject matter.

29A-3-105. Proceedings affecting devolution and administration--Jurisdiction of subject matter.
Persons interested in decedents' estates may apply to the clerk of court for determinations in the informal proceedings provided in this article, and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in this article. The court may hear and determine formal proceedings and distribution of decedents' estates after notice in conformity with §29A-1-401. Persons notified are bound though less than all interested persons may have been given notice. The court has jurisdiction of any other action or proceeding concerning a succession or to which an estate, through a personal representative, may be a party, including actions to determine title to property, and of any action or proceeding in which property distributed by a personal representative or its value is sought to be subjected to rights of creditors or successors of the decedent.
Source:
SL 1994, ch 232, §3-105; SL 1995, ch 167, §100.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-107 - Scope of proceedings--Proceedings independent--Exception.

29A-3-107. Scope of proceedings--Proceedings independent--Exception.
Unless supervised administration as described in Part 5 is involved, each proceeding before the court or clerk is independent of any other proceeding involving the same estate; and petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this article, no petition is defective because it fails to embrace all matters which might then be the subject of a final order; a proceeding for probate of a will or an adjudication that a decedent left no valid will may be combined with a proceeding for appointment of a personal representative; and a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
Source:
SL 1994, ch 232, §3-107; SL 1995, ch 167, §101.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-108 - Probate, testacy, and appointment proceedings--Ultimate time limit.

29A-3-108. Probate, testacy, and appointment proceedings--Ultimate time limit.
No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except:
(1)If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment, or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding;
(2)Appropriate probate, appointment, or testacy proceedings may be maintained in relation to the estate of an absentee for whom a conservator has been appointed, at any time within three years after the conservator becomes able to establish the death of the protected person;
(3)A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of twelve months from the informal probate or three years from the decedent's death;
(4)An informal or formal appointment or formal testacy proceeding may be commenced thereafter if no proceedings concerning the succession or estate administration have occurred within the three-year period. If proceedings are brought under this exception, the personal representative shall have no right to possess estate assets as provided in §29A-3-709 beyond that necessary to confirm title thereto in the rightful successors to the estate and no claims other than expenses of administration may be presented against the estate; and
(5)If no informal probate has occurred within three years of the decedent's death, a formal testacy proceeding may be commenced at any time thereafter for the sole purpose of establishing an instrument to direct or control the ownership of property passing or distributable after the decedent's death from one other than the decedent when the property is to be appointed by the terms of the decedent's will or is to pass or be distributed as a part of the decedent's estate or its transfer is otherwise to be controlled by the terms of the decedent's will.
These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under (1) or (2) above, the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of other limitations provisions of this code which relate to the date of death.
Source:
SL 1994, ch 232, §3-108.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-109 - Statutes of limitation on decedent's cause of action.

29A-3-109. Statutes of limitation on decedent's cause of action.
The running of any statute of limitations on a cause of action belonging to a decedent which has not been barred as of the date of death is suspended for one year following the decedent's death but resumes thereafter unless otherwise tolled.
Source:
SL 1994, ch 232, §3-109.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-201 - Venue for first and subsequent estate proceedings--Location of property.

29A-3-201. Venue for first and subsequent estate proceedings--Location of property.
(a) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:
(1)In the county where the decedent was domiciled at the time of death; or
(2)If the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of death.
(b) Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in §29A-1-303 or (c) of this section.
(c) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.
(d) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a nondomiciliary is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
Source:
SL 1994, ch 232, §3-201.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-202 - Appointment or testacy proceedings--Conflicting claim of domicile in another state.

29A-3-202. Appointment or testacy proceedings--Conflicting claim of domicile in another state.
If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in this state.
Source:
SL 1994, ch 232, §3-202.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-204 - Demand for notice of order or filing concerning decedent's estate.

29A-3-204. Demand for notice of order or filing concerning decedent's estate.
Any interested person desiring notice of any order or filing pertaining to a decedent's estate may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of the demandant's interest in the estate, and the demandant's address or that of the demandant's attorney. The demandant shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in §29A-1-401 to the demandant or the demandant's attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of the demandant's interest in the estate.
Source:
SL 1994, ch 232, §3-204.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-302 - Informal probate--Duty of clerk--Effect of informal probate.

29A-3-302. Informal probate--Duty of clerk--Effect of informal probate.
Upon receipt of an application requesting informal probate of a will, the clerk, upon making the findings required by §29A-3-303 shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.
Source:
SL 1994, ch 232, §3-302; SL 1995, ch 167, §104.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-303 - Informal probate--Proof and findings required.

29A-3-303. Informal probate--Proof and findings required.
(a) In an informal proceeding for original probate of a will, the clerk shall determine whether:
(1)The application 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)An original, duly executed and apparently unrevoked will is in the registrar's possession;
(6)Any notice required by §29A-3-204 has been given; and
(7)It appears from the application that the time limit for original probate has not expired.
(b) The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in subsection (d) below, if it appears that this or another will of the decedent has been the subject of a previous probate order.
(c) A will which appears to have the required signatures and which contains an attestation clause showing that the requirements of execution under §29A-2-502, 29A-2-503, or 29A-2-506 have been met shall be probated without further proof. In other cases, the clerk may assume execution if the will appears to have been properly executed, or the clerk may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.
(d) Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of a certified copy of the will and of the statement probating it from the office or court where it was first probated.
(e) A will from a foreign jurisdiction which does not provide for probate of a will after death and which is not eligible for probate under subsection (a) above, may be probated in this state upon receipt by the clerk of a duly certified copy of the will and a certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of that jurisdiction.
Source:
SL 1994, ch 232, §3-303; SL 1995, ch 167, §105.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.