South Dakota Codified Laws 29A-3-308. Informal appointment proceedings–Proof and findings required
(a) In informal appointment proceedings, the clerk shall determine whether:
(1) The application for informal appointment of a personal representative is complete;
Terms Used In South Dakota Codified Laws 29A-3-308
- Decedent: A deceased person.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Venue: The geographical location in which a case is tried.
- 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
(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.
Source: SL 1994, ch 232, § 3-308; SL 1995, ch 167, § 108.