(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.

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Terms Used In South Dakota Codified Laws 29A-3-610

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(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 corepresentative, the resignation is effective only upon delivery of assets in the representative’s possession to the corepresentatives remaining in office.

Source: SL 1994, ch 232, § 3-610; SL 1995, ch 167, § 119.