A petition for the appointment of a guardian or conservator shall be filed in the county in which the minor either resides or is present or, if the minor has been admitted to a facility pursuant to an order of court, in the county in which that court is located. If the minor neither resides in nor is present in this state, a petition for the appointment of a conservator shall be filed in a county in which the minor has property or in the county having jurisdiction of a decedent‘s estate in which the minor has an interest. The court of the county in which the proceeding is first commenced shall have exclusive jurisdiction to decide the petition unless that court determines that a transfer of venue would be in the best interests of the minor.

Terms Used In South Dakota Codified Laws 29A-5-108

  • Decedent: A deceased person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Venue: The geographical location in which a case is tried.

Source: SL 1993, ch 213, § 8; SDCL § 30-36-8; SL 1995, ch 167, § 181; SL 2011, ch 135, § 503.

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