There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 29A-3-611 — Termination of appointment by removal--Cause; procedure.
29A-3-611. Termination of appointment by removal--Cause; procedure. (a) Any interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in § 29A-3-607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration, or to preserve the estate. If removal is ordered, the court shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed. (b) Cause
for removal exists when:
(1) Removal is in the best interests of
the estate;
(2) The personal representative or the
person requesting the representative's appointment intentionally
misrepresented material facts in the proceedings leading to
appointment; or
(3) The personal representative has
disregarded an order of court, has become incapable of discharging
the duties of office, has mismanaged the estate, or has failed to
perform any duty pertaining to the office.
(c) Unless
the decedent's will directs otherwise, a personal representative
appointed at the decedent's domicile who is requesting appointment
either personally or of a nominee as personal representative, may
obtain removal of another who was appointed personal representative
in this state to administer local assets.
Source: SL 1994, ch 232, § 3-611.
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