South Dakota § 29A-3-308 Informal appointment proceedings--Proof and findings required.

South Dakota Statutes

§ 29A-3-308 — Informal appointment proceedings--Proof and findings required.

South Dakota § 29A-3-308

Title 29AUNIFORM PROBATE CODE

Ch. 29A-2PROBATE OF WILLS AND ADMINISTRATION

This text of South Dakota § 29A-3-308 (Informal appointment proceedings--Proof and findings required.) 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-3-308 (2026).

Text

(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, t

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(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.