reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-411 - Formal testacy proceedings--Partial intestacy.

29A-3-411. Formal testacy proceedings--Partial intestacy.
If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.
Source:
SL 1994, ch 232, §3-411.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-414 - Formal proceedings concerning appointment of personal representative.

29A-3-414. Formal proceedings concerning appointment of personal representative.
(a) A formal proceeding for adjudication regarding the priority or qualification of an applicant for appointment as personal representative, or of a person previously appointed personal representative in informal proceedings, is governed by §29A-3-402, as well as by this section if an issue concerning the testacy of the decedent is or may be involved. In other cases, the petition shall contain or adopt the statements required by subsection 29A-3-301(a)(1) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter.
(b) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative, any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under §29A-3-203, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under §29A-3-611.
Source:
SL 1994, ch 232, §3-414; SL 1995, ch 167, §116.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-501 - Supervised administration--Nature of proceeding.

29A-3-501. Supervised administration--Nature of proceeding.
Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court, which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to interested persons, and is subject to directions concerning the estate made by the court on its own motion or on the motion of the personal representative or any other interested person. Except as otherwise provided in this part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
Source:
SL 1994, ch 232, §3-501.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-502 - Supervised administration--Petition--Order.

29A-3-502. Supervised administration--Petition--Order.
(a) A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the request for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding shall apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied.
(b) After notice to interested persons, the court shall order supervised administration of a decedent's estate: (1) if the decedent's will directs supervised administration, unless the court finds that circumstances relating to the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration; (2) if the decedent's will directs unsupervised administration, only upon a finding that it is necessary for the protection of persons interested in the estate; or (3) in other cases if the court finds that supervised administration is necessary under the circumstances.
Source:
SL 1994, ch 232, §3-502.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-503 - Supervised administration--Effect on other proceedings.

29A-3-503. Supervised administration--Effect on other proceedings.
(a) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed.
(b) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by §29A-3-401.
(c) After the personal representative has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise the power to distribute any estate. The filing of the petition does not affect other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.
Source:
SL 1994, ch 232, §3-503.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-504 - Supervised administration--Powers of personal representative.

29A-3-504. Supervised administration--Powers of personal representative.
Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but a supervised personal representative shall not exercise the power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court shall be endorsed on the letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative.
Source:
SL 1994, ch 232, §3-504.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-505 - Supervised administration--Interim orders--Distribution and closing orders.

29A-3-505. Supervised administration--Interim orders--Distribution and closing orders.
Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under §29A-3-1001. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the motion of the personal representative or any interested person.
Source:
SL 1994, ch 232, §3-505; SL 1995, ch 167, §117.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-601 - Qualification.

29A-3-601. Qualification.
Prior to receiving letters, a personal representative shall qualify by filing with the appointing court an acceptance of office and any required bond.
Source:
SL 1994, ch 232, §3-601.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-602 - Acceptance of appointment--Consent to jurisdiction.

29A-3-602. Acceptance of appointment--Consent to jurisdiction.
By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to the personal representative by ordinary first class mail at the address as listed in the application or petition for appointment or as thereafter reported to the court and to the personal representative's address as then known to the petitioner.
Source:
SL 1994, ch 232, §3-602.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-603 - Bond not required without court order, exceptions.

29A-3-603. Bond not required without court order, exceptions.
Bond is required of a personal representative unless: (a) the will expressly waives bond, directs that there be no bond, or waives the requirement of surety thereon; (b) all of the heirs, if no will has been probated, or all of the devisees file a written waiver of the bond requirement; (c) the personal representative is a bank or trust company qualified to do trust business or exercise trust powers in this state; or (d) the court concludes that bond is not in the best interests of the estate.
Source:
SL 1994, ch 232, §3-603.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-604 - Bond amount--Security--Procedure--Reduction.

29A-3-604. Bond amount--Security--Procedure--Reduction.
(a) If bond is required and the provisions of the will or order of appointment do not specify the amount, unless stated in the application or petition, the person qualifying as personal representative shall file a statement under oath with the clerk indicating the person's best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and shall execute and file a bond with the clerk, or give other suitable security, in an amount not less than the estimate. The clerk shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security.
(b) The clerk may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a financial institution (as defined in §29A-6-101) that is located in this state and in a manner that prevents their unauthorized disposition.
(c) On petition of the personal representative or another interested person and subject to §29A-3-603, the court may require bond, excuse bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.
Source:
SL 1994, ch 232, §3-604; SL 1995, ch 167, §118.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-606 - Terms and conditions of bonds.

29A-3-606. Terms and conditions of bonds.
(a) The following requirements and provisions apply to any bond required by this part:
(1)Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the personal representative of all fiduciary duties according to law.
(2)Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.
(3)By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed by registered or certified mail at the address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.
(4)On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.
(5)The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(b) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
Source:
SL 1994, ch 232, §3-606.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-607 - Order restraining personal representative.

29A-3-607. Order restraining personal representative.
(a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of office, or make any other order to secure proper performance by the personal representative, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the petitioner or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
(b) The matter shall be set for hearing at such time and with such notice as the court shall direct.
Source:
SL 1994, ch 232, §3-607.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-608 - Termination of appointment--General.

29A-3-608. Termination of appointment--General.
Termination of appointment of a personal representative occurs as provided in §§29A-3-609 to 29A-3-612, inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve the personal representative of the duty to preserve assets subject to the personal representative's control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates the personal representative's authority to represent the estate in any pending or future proceeding.
Source:
SL 1994, ch 232, §3-608.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-609 - Termination of appointment--Death or disability.

29A-3-609. Termination of appointment--Death or disability.
The death of a personal representative or the appointment of a conservator for a personal representative who has been adjudicated a protected person, terminates the personal representative's appointment. Unless a co-representative remains in office, termination by death or appointment of a conservator imposes upon the personal representative of the deceased personal representative, or the conservator appointed for a living personal representative, the duty to protect the estate possessed and being administered at the time of termination, and confers the power to perform acts necessary to protect the estate and to account for, and deliver the assets to, a successor personal representative or special administrator upon appointment and qualification.
Source:
SL 1994, ch 232, §3-609.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-610 - Termination of appointment--Voluntary.

29A-3-610. Termination of appointment--Voluntary.
(a) An appointment of a personal representative terminates as provided in §29A-3-1003, one year after the filing of a closing statement.
(b) An order closing an estate as provided in §29A-3-1001 terminates an appointment of a personal representative.
(c) A personal representative may resign the position of personal representative by filing a written statement of resignation with the clerk after giving at least fourteen days written notice to the persons known to be interested in the estate. If the person resigning is the sole personal representative and no one applies or petitions for appointment of a successor representative within the time stated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to that successor. If the person resigning is a co-representative, the resignation is effective only upon delivery of assets in the representative's possession to the co-representatives remaining in office.
Source:
SL 1994, ch 232, §3-610; SL 1995, ch 167, §119.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-611 - Termination of appointment by removal--Cause; procedure.

29A-3-611. Termination of appointment by removal--Cause; procedure.
(a) Any interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in §29A-3-607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration, or to preserve the estate. If removal is ordered, the court shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.
(b) Cause for removal exists when:
(1)Removal is in the best interests of the estate;
(2)The personal representative or the person requesting the representative's appointment intentionally misrepresented material facts in the proceedings leading to appointment; or
(3)The personal representative has disregarded an order of court, has become incapable of discharging the duties of office, has mismanaged the estate, or has failed to perform any duty pertaining to the office.
(c) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile who is requesting appointment either personally or of a nominee as personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
Source:
SL 1994, ch 232, §3-611.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-612 - Termination of appointment--Change of testacy status.

29A-3-612. Termination of appointment--Change of testacy status.
Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy, the probate of a later-offered will which supersedes the formal probate of another will, or the vacation of an informal probate of a will under which the personal representative was appointed, does not terminate the appointment of the personal representative although the personal representative's powers may be reduced as provided in §29A-3-401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to succeed to the appointment under the new testacy status. If no request for new appointment is made within thirty days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the decedent's testacy status, the previously appointed personal representative may continue as personal representative under the subsequently probated will, or in intestacy, as the case may be.
Source:
SL 1994, ch 232, §3-612.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-613 - Successor personal representative.

29A-3-613. Successor personal representative.
Parts 3 and 4 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative.
Source:
SL 1994, ch 232, §3-613.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-614 - Special administrator--Appointment.

29A-3-614. Special administrator--Appointment.
A special administrator may be appointed:
(1)Informally by the clerk on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or, if a prior appointment has been terminated, as provided in §29A-3-609; or
(2)In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.
Source:
SL 1994, ch 232, §3-614; SL 1995, ch 167, §120; SL 1999, ch 145, §1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-615 - Special administrator--Who may be appointed.

29A-3-615. Special administrator--Who may be appointed.
(a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed if available and qualified.
(b) In other cases, any qualified person may be appointed special administrator.
Source:
SL 1994, ch 232, §3-615.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-616 - Special administrator--Appointed informally--Powers and duties.

29A-3-616. Special administrator--Appointed informally--Powers and duties.
A special administrator appointed by the clerk in informal proceedings pursuant to §29A-3-614(1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor, and to deliver them to the general personal representative upon qualification. The special administrator appointed in informal proceedings has the powers of a general personal representative under the code as are necessary to perform the special administrator's duties.
Source:
SL 1999, ch 145, §2.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-617 - Special administrator--Formal proceedings--Power and duties.

29A-3-617. Special administrator--Formal proceedings--Power and duties.
A special administrator appointed by order of the court in any formal proceeding has the powers of a general personal representative, except as limited in the order of appointment, and the duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on other terms as the court may direct.
Source:
SL 1994, ch 232, §3-617.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-618 - Termination of appointment--Special administrator.

29A-3-618. Termination of appointment--Special administrator.
The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in §§29A-3-608 to 29A-3-611, inclusive.
Source:
SL 1994, ch 232, §3-618.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-701 - Time of accrual of duties and powers.

29A-3-701. Time of accrual of duties and powers.
The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named personal representative in a will may carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
Source:
SL 1994, ch 232, §3-701.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-702 - Priority among different letters.

29A-3-702. Priority among different letters.
A person to whom letters are issued first has exclusive authority under the letters until the appointment is terminated or modified. If, through error, letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
Source:
SL 1994, ch 232, §3-702.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-703 - General duties--Relation and liability to persons interested in estate--Standing to sue.

29A-3-703. General duties--Relation and liability to persons interested in estate--Standing to sue.
(a) A personal representative is a fiduciary who, except as otherwise provided in the will, shall observe the standards of care in dealing with the estate assets that would be observed by a prudent person dealing with the property of another. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of the estate.
(b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children, and any pretermitted child of the decedent as described elsewhere in this code.
(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
Source:
SL 1994, ch 232, §3-703.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-704 - Personal representative to proceed without court order--Exception.

29A-3-704. Personal representative to proceed without court order--Exception.
A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, shall do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate on its administration.
Source:
SL 1994, ch 232, §3-704.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-705 - Duty of personal representative--Information to heirs and devisees.

29A-3-705. Duty of personal representative--Information to heirs and devisees.
(a) Not later than fourteen days after appointment, every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any unprobated will mentioned in the application for appointment of a personal representative.
(b) The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information shall include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond has been filed, describe the court where papers relating to the estate are on file, and shall be accompanied by a copy of the will admitted to probate, if any. The information shall state that the estate is being administered by the personal representative under the South Dakota Probate Code without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative, to file a demand for notice under §29A-3-204, and to petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.
(c) Not later than fourteen days after appointment, every personal representative, other than a special administrator, shall also give written information of the appointment to the State Department of Social Services in Pierre, South Dakota, except that such information need not include a copy of the will. The information shall include the decedent's social security number and, if available upon reasonable investigation, the decedent's deceased spouse's name and social security number. The written information required in this section may not be filed with the court and the social security numbers of the decedent and the decedent's deceased spouse are not available to the public, but the personal representative shall certify to the court that the information required in this section has been provided to the department.
(d) The personal representative's failure to give the information is a breach of duty to the persons concerned but does not affect the validity of the appointment, the personal representative's powers or other duties. A personal representative may inform other persons of the appointment.
Source:
SL 1994, ch 232, §3-705; SL 1995, ch 167, §122; SL 1997, ch 173, §1; SL 2006, ch 153, §2.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-706 - Duty of personal representative--Inventory and appraisement.

29A-3-706. Duty of personal representative--Inventory and appraisement.
Within six months after appointment, or nine months after the decedent's death, whichever is later, a personal representative, other than a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item.
The personal representative shall promptly make a copy of the inventory available, by mail or delivery, to any interested person who requests it. The personal representative may also file the original of the inventory with the court.
Source:
SL 1994, ch 232, §3-706.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-707 - Employment of appraisers.

29A-3-707. Employment of appraisers.
The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may not be readily ascertainable. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items appraised.
Source:
SL 1994, ch 232, §3-707.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-708 - Duty of personal representative--Supplementary inventory.

29A-3-708. Duty of personal representative--Supplementary inventory.
If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any. The personal representative shall file the supplemental inventory with the court if the original inventory was filed, and shall mail or deliver a copy of the supplemental inventory to the persons sent a copy of the original inventory and to other interested persons who request it.
Source:
SL 1994, ch 232, §3-708.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-709 - Duty of personal representative--Possession of estate.

29A-3-709. Duty of personal representative--Possession of estate.
Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine its title.
Source:
SL 1994, ch 232, §3-709.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-710 - Power to avoid transfers.

29A-3-710. Power to avoid transfers.
The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in law void or voidable as against creditors. Subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
Source:
SL 1994, ch 232, §3-710.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-711 - Powers of personal representatives--In general.

29A-3-711. Powers of personal representatives--In general.
Until termination of an appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.
Source:
SL 1994, ch 232, §3-711.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-712 - Improper exercise of power--Breach of fiduciary duty.

29A-3-712. Improper exercise of power--Breach of fiduciary duty.
If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty. The rights of purchasers and others dealing with a personal representative shall be determined as provided in §§29A-3-713 and 29A-3-714.
Source:
SL 1994, ch 232, §3-712.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-713 - Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.

29A-3-713. Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.
Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:
(1)The will or a contract entered into by the decedent expressly authorized the transaction; or
(2)The transaction is approved by the court after notice to interested persons.
Source:
SL 1994, ch 232, §3-713.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-714 - Persons dealing with personal representative--Protection.

29A-3-714. Persons dealing with personal representative--Protection.
A person who in good faith either assists a personal representative or deals with a personal representative for value is protected as if the personal representative was properly authorized to act. The fact that a person deals with a personal representative with knowledge of the representative capacity does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in §29A-3-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which an alleged decedent is found to be alive.
Source:
SL 1994, ch 232, §3-714.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-716 - Powers and duties of successor personal representative.

29A-3-716. Powers and duties of successor personal representative.
(a) Except as otherwise ordered by the court, a successor personal representative has the same powers and duties as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but the successor shall not exercise any power expressly made personal to the personal representative named in the will.
(b) A successor personal representative is not individually liable for the actions or failures to act of a previous personal representative unless the successor has knowledge of a breach of fiduciary duty by the predecessor and fails to take reasonable corrective action.
Source:
SL 1994, ch 232, §3-716.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-717 - Co-representatives--When joint action required.

29A-3-717. Co-representatives--When joint action required.
If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of a majority is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any co-representative receives and receipts for property due the estate, when the concurrence of a majority cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative if actually unaware that another has been appointed to serve or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt has been the sole personal representative.
Source:
SL 1994, ch 232, §3-717.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-718 - Powers of surviving personal representative.

29A-3-718. Powers of surviving personal representative.
Unless the terms of the will otherwise provide, when one or more persons nominated as co-representatives fail or refuse to qualify or accept appointment as personal representative, or when the appointment of one or more co-representatives is terminated as provided in §§29A-3-609 to 29A-3-612, inclusive, the representative or representatives appointed or remaining in office shall proceed to administer the estate and may exercise all of the powers incident to the office.
Source:
SL 1994, ch 232, §3-718.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-719 - Compensation of personal representative.

29A-3-719. Compensation of personal representative.
(a) Personal representatives, attorneys, accountants, appraisers, and other agents of the personal representative are entitled to reasonable compensation for services. Reasonable compensation may include compensation for the services of the agents or employees of the person seeking compensation and may also include reimbursement for costs advanced. A determination of reasonable compensation shall be based on the following factors:
(1)The time and labor involved;
(2)The novelty and difficulty of the questions involved, and the skill requisite to perform the service properly;
(3)The likelihood that the acceptance of the particular employment will preclude other employment by the person;
(4)The fee customarily charged in the locality for similar services;
(5)The nature and value of the assets of the estate, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person;
(6)The time limitations imposed by the circumstances; and
(7)The experience, reputation, diligence, and ability of the person performing the services.
(b) If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A renunciation of fee may be filed with the court.
(c) When compensation is not provided by will, or in an intestate proceeding, the personal representative may be allowed commissions upon the amount of personal property accounted for by the personal representative, excluding personal property not ranked as assets, as follows:
(1)On the first one thousand dollars at the rate of five percent;
(2)On all sums in excess of one thousand dollars and not exceeding five thousand dollars at the rate of four percent;
(3)On all sums in excess of five thousand dollars at the rate of two and one-half percent.
Upon all real property accounted for by the personal representative, the personal representative shall receive a just and reasonable compensation for the services performed to be fixed by the court. All real estate sold by the personal representative as part of the proceedings in probate shall be considered as personal property.
Source:
SL 1994, ch 232, §3-719; SL 1995, ch 167, §123; SL 1996, ch 187.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-720 - Expenses in estate litigation.

29A-3-720. Expenses in estate litigation.
Any personal representative or person nominated as personal representative who defends or prosecutes any proceeding in good faith, whether successful or not, is entitled to receive from the estate necessary expenses and disbursements including reasonable attorney's fees. The court may also award necessary expenses and disbursements, including reasonable attorney's fees, to any person who prosecuted or defended an action that resulted in a substantial benefit to the estate.
Source:
SL 1994, ch 232, §3-720.