There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 29A-3-401 — Formal testacy proceedings--Nature--When commenced.
29A-3-401. Formal testacy proceedings--Nature--When commenced. (a) A formal testacy proceeding is a proceeding conducted before the court to establish a will or determine intestacy. A formal testacy proceeding may be commenced by an interested person filing a petition as described in § 29A-3-402 requesting that the court, after notice and hearing, enter an order probating a will, an order setting aside an informal probate of a will, an order preventing informal probate of a will which is the subject of a pending application, or an order that the decedent died intestate. (b) A
petition may request formal probate of a will without regard to
whether the same or a conflicting will has been informally
probated. A formal testacy proceeding may, but need not, involve a
request for appointment of a personal representative.
(c) During
the pendency of a formal testacy proceeding, the clerk shall not
act upon any application for informal probate of any will of the
decedent or any application for informal appointment of a personal
representative.
(d) Unless a
petition in a formal testacy proceeding also requests confirmation
of the previous informal appointment, a previously appointed
personal representative, after receipt of notice of the
commencement of a formal testacy proceeding, shall refrain from
exercising the power to make any further distribution of the estate
during the pendency of the formal proceeding. A petitioner who
requests the appointment of a different personal representative in
a formal proceeding also may request an order restraining the
acting personal representative from exercising any of the powers of
office and requesting the appointment of a special administrator.
In the absence of a request, or if the request is denied, the
commencement of a formal proceeding has no effect on the powers and
duties of a previously appointed personal representative other than
those relating to distribution.
Source: SL 1994, ch 232, § 3-401; SL 1995, ch 167, § 111.
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