South Dakota Statutes
§ 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.
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South Dakota § 29A-3-405 (Formal testacy proceedings--Uncontested cases--Hearings and proof.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1994, ch 232, § 3-405; SL 1995, ch 167, § 114.
Nearby Sections
15
§ 29A-1-101
Short title.§ 29A-1-102
Purposes--Rule of construction.§ 29A-1-104
Severability.§ 29A-1-106
Effect of fraud and evasion.§ 29A-1-107
Evidence as to death or status.§ 29A-1-108
Acts by holder of general power.§ 29A-1-201
General definitions.§ 29A-1-301
Territorial application.§ 29A-1-303
Venue.§ 29A-1-304
Practice in court.§ 29A-1-305
Records and certified copies.§ 29A-1-306
Jury trial.§ 29A-1-307
Performance of acts and orders.