South Dakota § 29A-3-1005 Limitations on proceedings against personal representatives.

South Dakota Statutes

§ 29A-3-1005 — Limitations on proceedings against personal representatives.

South Dakota § 29A-3-1005

Title 29AUNIFORM PROBATE CODE

Ch. 29A-2PROBATE OF WILLS AND ADMINISTRATION

This text of South Dakota § 29A-3-1005 (Limitations on proceedings against personal representatives.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 29A-3-1005 (2026).

Text

Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.

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Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.