There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 29A-3-108 — Probate, testacy, and appointment proceedings--Ultimate time limit.
29A-3-108. Probate, testacy, and appointment proceedings--Ultimate time limit. No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except:
(1) If a previous proceeding was dismissed
because of doubt about the fact of the decedent's death,
appropriate probate, appointment, or testacy proceedings may be
maintained at any time thereafter upon a finding that the
decedent's death occurred prior to the initiation of the previous
proceeding and the applicant or petitioner has not delayed unduly
in initiating the subsequent proceeding;
(2) Appropriate probate, appointment, or
testacy proceedings may be maintained in relation to the estate of
an absentee for whom a conservator has been appointed, at any time
within three years after the conservator becomes able to establish
the death of the protected person;
(3) A proceeding to contest an informally
probated will and to secure appointment of the person with legal
priority for appointment in the event the contest is successful,
may be commenced within the later of twelve months from the
informal probate or three years from the decedent's
death;
(4) An informal or formal appointment or
formal testacy proceeding may be commenced thereafter if no
proceedings concerning the succession or estate administration have
occurred within the three-year period. If proceedings are brought
under this exception, the personal representative shall have no
right to possess estate assets as provided in § 29A-3-
709 beyond that necessary to confirm title thereto in the rightful
successors to the estate and no claims other than expenses of
administration may be presented against the estate; and
(5) If no informal probate has occurred
within three years of the decedent's death, a formal testacy
proceeding may be commenced at any time thereafter for the sole
purpose of establishing an instrument to direct or control the
ownership of property passing or distributable after the decedent's
death from one other than the decedent when the property is to be
appointed by the terms of the decedent's will or is to pass or be
distributed as a part of the decedent's estate or its transfer is
otherwise to be controlled by the terms of the decedent's
will.
These
limitations do not apply to proceedings to construe probated wills
or determine heirs of an intestate. In cases under (1) or (2)
above, the date on which a testacy or appointment proceeding is
properly commenced shall be deemed to be the date of the decedent's
death for purposes of other limitations provisions of this code
which relate to the date of death.
Source: SL 1994, ch 232, § 3-108.
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