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·Title 29A UNIFORM PROBATE CODE·Ch. 29A-2 PROBATE OF WILLS AND ADMINISTRATION

(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.

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