In re Estate of Ricard
Annotate this CaseElla Richard died leaving a will naming her son, Kelly Ricard, as personal representative of the estate and the sole devisee. The circuit court entered an order for complete settlement declaring the will valid. Thereafter, Renee Laas, another of Ella’s children, filed a petition to set aside informal probate and determine intestacy, alleging undue influence. The circuit court denied the petition, determining that the order for complete settlement was final and appealable and that Laas failed to appeal the order. Laas appealed the denial of her petition, arguing that the will was never formally probated and that S.D. Codified Laws 29A-3-108 and 29-3-401 allow an interested person to file a petition for formal administration of a will any time within three years of the decedent’s death, even after a complete settlement of the estate. The Supreme Court affirmed, holding that the estate in this case was completely settled and closed in a formal probate proceeding, that Laas had notice of this proceeding, and therefore, the circuit court did not err when it denied Lass’s petition to set aside informal probate and declare intestacy.
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